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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 82087
Experience:  Over 15 years in practice
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Please, I was in a store and a member of staff walked up to

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Hello. yes please
JA: Hi. How can I help?
Customer: I was in a store and a member of staff walked up to me after I had made payment and accused me of stealing on a previous day.
JA: Where are you? It matters because laws vary by location.
Customer: This was done in front of another shopper, with no evidence, no investigation. I am in England
JA: What steps have you taken so far?
Customer: Liverpool
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes. He accused me solely based on my looks and when a colleague went back in to ask why I was accused, they said the person wasblack
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

What can I do for you?

Customer: replied 4 days ago.
Hi
Nice to meet you
Customer: replied 4 days ago.
I was accused of stealing on the floor of a major store outlet.
Customer: replied 4 days ago.
The member of staff approached me after I had paid for my goods and accused me of stealing on a different day. He claimed he had seen me on the camera and insisted it was facts. This was done in the presence of other customers.
Customer: replied 4 days ago.
When I insisted on proof he declined saying it was against insurance but continued saying it was facts and it was me or someone who looked like me.
Customer: replied 4 days ago.
Apparently whoever had done it was black as he said to my colleague and that was why he accused me as well.
Customer: replied 4 days ago.
This was embarrassing for me and I am not satisfied as I have never stolen in my life. What can I do?

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

I understand that this was an embarrassing an unpleasant incident but that is not the test.

The only potential argument is in defamation and he has to have made an allegation that was known to him to be false as opposed to a reasonable comment. I can see immediately that he is saying that it was either you or somebody who looked like you. Therefore, he will be arguing that this is mistaken identity and therefore a reasonable comment.

In any event, you have to show that you have suffered losses results an embarrassment is not a loss that is claimable. An example would be the refusal of work to you on the basis that you have a reputation for theft

that is not to say that you cannot complain and they may offer something to compensate for the inconvenience but you do not have a claim in law

Im really sorry but that is the position.

I am sorry but I have to tell you the truth.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

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.

Jo

Customer: replied 4 days ago.
Thank you for your response Jo. I did not also mention that I have video evidence. The staff apparently only profiled me on the basis of my race. Does this not count legally?
Customer: replied 4 days ago.
I recorded it on my phone
Customer: replied 4 days ago.
may make the video public if i don't get a satisfactory resolution

He didn't profile you because of your race.  You just looked like somebody who he had seen shoplifting.

You can put the video online if you really think its worthwhile.

It won't help you recover anything from the store though.  Neither will making allegations of racism though.  This was nothing to do with racism and they will never concede to that.

Customer: replied 4 days ago.
Thank you Jo

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Jo C. and other Law Specialists are ready to help you