Author Topic: defamation  (Read 3632 times)

sellickbhoy

  • Joined Jan 2009
  • Muiravonside, near Linlithgow
defamation
« on: May 26, 2009, 02:47:14 pm »
any legal types on know much in this field?

as my local MP appears to be threatening me with this, thought i should ask what people know on the topic (of course, this is just a precursor to getting a proper lawyer should the unimaginable happen and the MP takes me to court for defamation in the middle of a very public scandal in which he is heavily implicated)


doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
Re: defamation
« Reply #1 on: May 26, 2009, 03:00:21 pm »
Here's wikipedia's description if it's any help.
http://en.wikipedia.org/wiki/Defamation

My take on it is - if you are saying something about him that isn't true then he can sue you, but he needs to take you to a court of law to do this.  If he has right on his side I can see he would do it, but it's not worth his while, and might make his situation worse, if you are telling the truth about him without exaggerating it.  By the truth I mean what you KNOW yourself to be true - NOT what is hearsay to you.  Is that any help?  I did law as part of my accountancy course blah blah years ago so you need to get proper legal advice if he is threatening this - or go to the papers with it, and let them take it on board.
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

Farmer

  • Joined May 2009
  • Sidway, Staffordshire
    • Farmeats.com
Re: defamation
« Reply #2 on: May 28, 2009, 12:45:56 am »
Hi,
My understanding is that you emailed the 'GENT' directly and made some form of allegation regarding his conduct as had been reported in a local newspaper - that being the case he would have to disprove what the newspaper said about him before he could take any action against you - his case would presumably be that you slandered him, but in order to prove that what you wrote was, or could be, detrimental to him or his reputation the email would have to be seen by members of the public or a third party - if it ever got to court a judgement would have to be made as to whether what you wrote was likely to be harmful or detrimental to the 'GENT' in terms of reputation, financial wellbeing or public standing - Slander is VERY difficult to prove and since the email was a direct correspondence between two people and not for public consumption it is highly unlikely that the 'GENT' would actually pursue a legal redress - the cost of bringing such a case to court would not be worthwhile, but if he persists, let him spend his money on lawyers and legal advisers; he's probably arrogant enough to think that the threat of legal action will frighten you - and even if he succeeds in getting a court date set (which I doubt very much) simply write a retraction - the newspapers and media would have a field day!

My advice...do nothing...let him make the next move and react accordingly.

Regards, Farmer
(Former Corporate Adviser)

sellickbhoy

  • Joined Jan 2009
  • Muiravonside, near Linlithgow
Re: defamation
« Reply #3 on: May 28, 2009, 07:50:37 am »
Cheers Farmer - that was pretty much my thoughts on the matter. Also any allegations about the mans behaviour was my opinion - which is slightly different from statement of fact or allegation.

I don't think i will be losing any sleep over the matter

 

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