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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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I want to sue someone for defimation of character, Milton

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I want to sue someone for defimation of character
JA: Where are you? It matters because laws vary by location.
Customer: Milton Keynes
JA: What steps have you taken so far?
Customer: Non yet
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 provide some more details of your circumstances. Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 9 days ago.
A lady call Anifa left me a voice message this evening saying that I stole her hand bag from her wardrobe

Did she make these allegaitons to anyone else?

Ben Jones and 5 other Law Specialists are ready to help you

Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are rather difficult to pursue. 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.

You must also consider whether the publisher of the statement can potentially defend the claim. For example, this can happen by proving the statement was true or an honest opinion which could have been made based on the available facts.

Instead of starting legal proceedings it would be best to contact the publisher of the comment, advise them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement and issue an apology. A solicitor can also be instructed to write such a letter, although here will be costs involved and it does not always make a huge difference. Either option could prompt the publisher to reconsider their position, which would avoid the need for court action. Of course, if they refuse to comply the option of suing still exists, but consider the above information before going down that route.

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.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.