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Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A company is threatening to sue me for damages in the UK as

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A company is threatening to sue me for damages in the UK as I am taking them to court in Spain for non fulfilment of a contract and they disagree with my evidence and this will damage their reputation
JA: Where are you? It matters because laws vary by location.
Customer: I am in uk
JA: What steps have you taken so far?
Customer: issued proceeding in the Spanish court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: don’t think so

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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. may I clarify the reason you are taking a company to court in Spain please? Do you live in Spain?
  2. if so, am I correct to assume that you contract with a UK company?
  3. if so, is there a choice of law provision in their terms and conditions stating which courts would have jurisdiction in the event of a dispute?
Customer: replied 13 days ago.
1 The company was party to an investment contract to buy a property from me in Spain They defaulted and under the agreement the 10% was due to me and as the property was in Spain action had to taken there
2 Yes
3 The contract was under English law though the 10% (Arras) was subject to Spanish Law
I now live in Spain and have a Spanish Residencia

Thank you. Are you suing in Spain limited to the extent of the contract that was subject to Spanish law? Or does your claim go beyond this element?

Customer: replied 13 days ago.

Thank you. it is not possible to claim defamation on the part of the company for damage to reputation as a consequence of a contractual dispute in the courts. Disputes in the courts do not qualifiers deformation. Deformation requires one party to communicate libellous or slanderous information or material to another party. Communicating such information whether libellous /slanderous or not to ones solicitor, the company itself or the courts does not count as a third party so the requisite elements for establishing deformation are not satisfied.

Customer: replied 13 days ago.
Thank you

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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