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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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Defamation, UK, Claim, no

This answer was rated:

JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: Claim
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please explain your query in some more detail

Customer: replied 11 days ago.
Hi Ben,
Recently, I had bad experiences with one gardener, David. The project is for replace old lawn and build new raised beds. After he received £1623 out of £2250 payment, he only rotavate the ground, then left it for three weeks, making excuses of not coming back. I thought he is fraud. So, I left some negative reviews on the website which are the true situation as happened to me. I also quote “DO Not use xxxxx services...... It’s all lies...” He now claim me defamation of character. What should I do?

Is he prepared to come back to finish the job at all?

Customer: replied 11 days ago.
Can you call me at 16:30, please? Thanks a lot.
Customer: replied 11 days ago.
Not at the moment. I think he is in breach of contract. I send the compliant letter to him last Friday.
Customer: replied 11 days ago.
he require me to write a apology letter. Otherwise, he said will sue me.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Law Specialists are ready to help you

Thank you very much for clarifying. Many people are keen on suing for defamation without having full appreciation of the law or practicalities of doing so. I will try and clarify the position below to give you a better understanding and cover some of these practicalities.

First of all, certain conditions must be met for the statement to be classified as defamatory. These are:

1. There has to be a defamatory statement - the assessment that is often used to establish this is whether the statement tends to lower the claimant in the estimation of right-thinking members of society generally

2. Its publication has caused or is likely to cause serious harm to the reputation of the claimant – this will vary based on what effect it will have but it really has to be something sufficiently serious

3. The statement has been published by the defendant to a third party

4. The claimant must prove that the words complained of were published about them - this should not be an issue if the claimant is named or clearly identified.

Whilst it may be easy to prove that defamation has taken place, the legal process of pursuing such a claim is often complex and prohibitively expensive. A claim must be made in the High Court and will likely require the help of professional defamation lawyers, so the costs will often be high right from the outset, usually in the thousands. There is also no legal aid available for such claims so the complainant must fund these personally.

Also, you have to appreciate that speaking the truth cannot be defamation as that is only possible with false or misleading statements.

Overall, I think it is very unlikely that an actual legal claim for defamation will be made and this is more likely a treat to make you remove the comments or issue an apology.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
Thank you so much.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best