Slander Correct steps

[EXC]

Re: Slander Correct steps

Not true the harassment act is actionable under civil law.

Yes it just has to be capable of being criminal.

''The conduct must be unacceptable to a degree which would sustain criminal liability...''

Para 29 http://www.bailii.org/ew/cases/EWCA/Crim/2010/123.html

[des8]

Re: Slander Correct steps

It is possible to have a slander case heard in the county court, if both sides agree.
This will simplify matters for the op, plus reducing costs.

http://www.judiciary.gov.uk/you-and-...t/county-court
"All County Courts can deal with contract and tort (civil wrong) cases and recovery of land actions. Some County Courts can also deal with bankruptcy and insolvency matters, as well as cases relating to wills and trusts (equity and contested probate actions) where the value of the trust, fund or estate does not exceed £30,000, matters under the Race Relations Act 1976, and actions which all parties agree to have heard in a county court (e.g. defamation cases)."

[enquirer]

Re: Slander Correct steps

Could you breakdown SAR please.

A Subject Access Request made by a Data Subject (that's you), under the Data Protection Act 1998, to whoever, for all data that they hold on you.

Large organisations are often quite incompetent when it comes to handling SAR's, and may disclose things that they would be better off denying all knowledge of. Multiple requests made to different departments can be quite amusing.

As this seems to be quite acrimonious, it is quite possible that someone, somewhere, has committed to writing something that they shouldn't. Even if they haven't (or have disposed of it), the fact that you have asked should give them pause for thought.

[bluebottle]

Re: Slander Correct steps

Injunctions for harassment under Section 3, Protection from Harassment Act 1997, are normally sought under Part 8, Civil Procedures Rules 1998. They can be granted by a District Judge, but the final disposal hearing must be heard by a Circuit Judge. Any harassment must be persistent and sustained and the effect it has on the victim are factors that need to be taken into account when deciding whether to seek relief under these provisions.

[rickierich]

Re: Slander Correct steps

You are correct in your analysis as to the difference between slander and libel. As alluded above, slander is notoriously difficult to prove and litigate. It would help us to help you and provide you with the best advice we can by answering the following -

1. What is the exact nature of the slander?
It was stated I was pretending and stating that I was an official working for a specific organistion.
2. How many times has the slander been uttered?
It was a report telephone to a social club head.
3. Are the same persons involved on each occasion?
Its 2 people. One stated that another person stated that I was acting as such. The other stated I was acting as such and that I stated I was of a particular role.
4. What effect is this having on you?
Suspension from the group, kangaroo court, loss of sleep, apetite zest for life etc. Mixed in with comfort eating. Depression etc.
5. Have you suffered any financial or other loss as a result?
Professional reputation etc.

[bluebottle]

Re: Slander Correct steps

Thank you for answering the questions I asked, Rickierich.

What you describe would be best dealt with as harassment under the Protection from Harassment Act 1997. If you know who the individuals are who made untruthful statements about you, resulting in you suffering damage to your character and reputation, it is likely that a strongly-worded letter to each of them from a solicitor, with a further letter and copies of the other two letters to the social club management would be sufficient to bring this to a swift and, hopefully, satisfactory conclusion. A solicitor's letter can often have a sobering effect.

[rickierich]

Re: Slander Correct steps

Its cost, I agree with your hypothesis, but harassmant has to have an element that is criminal in nature. Case law. I can not afford a solicitor. But I have an angle for that, but it does not apply to everyone. I also want to exact revenge even if it means an unsucessful court case.

[MissFM]

Re: Slander Correct steps

Hi Rickierich

Just to introduce a wild card - have you considered putting a prominent ad in the local press or publication relevant to your persecutors spelling out the accusations made contrasted with the truth of the situation? If you want clarification and vindication that would seem possibly more effective than what does appear to the untrained eye to be a prospective financial suicide in court. :hand:

[bluebottle]

Re: Slander Correct steps

Would I be correct in thinking the case law you refer to is Ferguson v British Gas Trading 2009 and similar? The Ferguson case involved a criminal element because BGT had no right in law to make the demands they were making and the use of threats was improper. That, in itself, is a criminal offence. My view of the Ferguson case is that the BG employees involved were lucky it was dealt with under Civil Law. If it had been dealt with under Criminal Law and they had been convicted, it would not have been for harassment.

Looking at the circumstances of your case in the cold light of day, the two idiots who made the untrue comments about you that resulted in you being treated badly by the social club's management may have committed any number of civil torts as well as criminal acts.

There are two questions that come to mind -

1. Are the comments these two idiots made a skylark that has gone too far? or
2. When they made the comments, did they do so maliciously and intend to cause you to suffer what has happened?

If it is 1., then it is a purely civil matter that would be best dealt with by way of a solicitor's letter. Try a Law Centre, if there is one near to where you live or the National Pro Bono Centre. If it is 2., then there is a criminal element and relief, in the interim, would be by way of an injunction under Part 8, Civil Procedure Rules 1998, through the County Court. However, disposal is by a Circuit Judge and you must serve proceedings for losses on the other side within three working days maximum of being granted a Part 8 injunction.

Looking back through this thread, Enquirer's advice to serve the social club management with an SAR under Section 7, Data Protection Act 1997 may well have the effect of making them stop and think about what they have done. Yes, it might cost you £10.00, but if it gives you the outcome you desire, then it is worth it. Pursuing this matter through the High Court should be the last thing on your mind, not at the forefront.

[rickierich]

Re: Slander Correct steps

Would I be correct in thinking the case law you refer to is Ferguson v British Gas Trading 200
Looking back through this thread, Enquirer's advice to serve the social club management with an SAR under Section 7, Data Protection Act 1997 may well have the effect of making them stop and think about what they have done. Yes, it might cost you £10.00, but if it gives you the outcome you desire, then it is worth it. Pursuing this matter through the High Court should be the last thing on your mind, not at the forefront.

Ok sar what are the first steps for this thanks. I think I should do SAR first then follow up a week later with a cease and desist letter. Then hit them with the defammation stuff seeking a financial remedy.
So SAR what are the first steps.

[rickierich]

Re: Slander Correct steps

Hi Rickierich

Just to introduce a wild card - have you considered putting a prominent ad in the local press or publication relevant to your persecutors spelling out the accusations made contrasted with the truth of the situation? If you want clarification and vindication that would seem possibly more effective than what does appear to the untrained eye to be a prospective financial suicide in court. :hand:

Thats publicising thing not worth it.

[Amethyst]

Re: Slander Correct steps

http://www.legalbeagles.info/forums/...p?7069-Slander

This might give you some ideas, my mum was being slandered by other members of a organisation/WI - details are on that thread, - might not seem as extreme as what you are thinking of - but it worked and she carried on and has been president of the local WI for the last four years.

I also agree that the publicity route is not wise at all.

Revenge never works out as one had hoped. Best thing is to be the better person and keep your integrity.

I've been through a libel issue myself, it was drawn out, very public and painful, and although it resulted in a public apology, to be honest I gained more by carrying on the work I was doing and proving myself not to be worthy of the particular accusations levelled against me, than from the half hearted apology made under threat of formal legal action.

[bluebottle]

Re: Slander Correct steps

Ok sar what are the first steps for this thanks. I think I should do SAR first then follow up a week later with a cease and desist letter. Then hit them with the defammation stuff seeking a financial remedy.
So SAR what are the first steps.

MissFM has summed it up very succinctly when she makes reference to committing financial suicide in court. Because that is exactly what you will be doing if you follow the course of action you are proposing in the quote above.

SARs are relatively straightforward. You send a letter to the management of the social club requesting all information they hold on you. A letter along the lines of -

Dear Sirs,

Subject Access Request under Section 7, Data Protection Act 1998

I am writing to you in exercise of my right under Section 7, Data Protection Act 1998 to request that you provide me with copies of all data you hold about me, both in manual and electronic form, that is, in written form and held on computer, including that relating to allegations made against me recently.

A Postal Order for £10.00 is enclosed and which is the maximum fee permitted under the Act.

You are reminded that, in accordance with the Act, you must provide the data I have requested within the prescribed time-limit, which commences from your receipt of this letter. You are also reminded that failure or refusal to comply with a Subject Access Request may result in the Information Commissioner's Office (ICO), who has statutory responsibility for enforcing the Data Protection Act 1998, taking enforcement action which can include a Civil Monetary Penalty of up to £500,000.

I look forward to your compliance with this Subject Access Request in accordance with the Act.

Yours sincerely,

xxxxxxxxxxxxxxxx

Always use a Postal Order for SARs. Do not use cheques. Make sure you write "Subject Access Request Only" on the face of the Postal Order. This prevents the funds being applied for any other purpose. make sure you send the letter Signed For so you have a signature on delivery. The maimum time-limit for compliance with SARs under the DPA is 40 days from receipt of the SAR.

With regard to Cease and Desist notice, unless the untruthful comments are still being repeated and circulated, it is pointless sending such a notice. If, on the other hand, it is ongoing, then I am happy to draft a notice for you.

What financial losses have you actually incurred as a result of the actions of the two idiots who made the untruthful comments?

[rickierich]

Re: Slander Correct steps

MissFM has summed it up very succinctly when she makes reference to committing financial suicide in court. Because that is exactly what you will be doing if you follow the course of action you are proposing in the quote above.

SARs are relatively straightforward. You send a letter to the management of the social club requesting all information they hold on you. A letter along the lines of -

Dear Sirs,

Subject Access Request under Section 7, Data Protection Act 1998

I am writing to you in exercise of my right under Section 7, Data Protection Act 1998 to request that you provide me with copies of all data you hold about me, both in manual and electronic form, that is, in written form and held on computer, including that relating to allegations made against me recently.

A Postal Order for £10.00 is enclosed and which is the maximum fee permitted under the Act.

You are reminded that, in accordance with the Act, you must provide the data I have requested within the prescribed time-limit, which commences from your receipt of this letter. You are also reminded that failure or refusal to comply with a Subject Access Request may result in the Information Commissioner's Office (ICO), who has statutory responsibility for enforcing the Data Protection Act 1998, taking enforcement action which can include a Civil Monetary Penalty of up to £500,000.

I look forward to your compliance with this Subject Access Request in accordance with the Act.

Yours sincerely,

xxxxxxxxxxxxxxxx

Always use a Postal Order for SARs. Do not use cheques. Make sure you write "Subject Access Request Only" on the face of the Postal Order. This prevents the funds being applied for any other purpose. make sure you send the letter Signed For so you have a signature on delivery. The maimum time-limit for compliance with SARs under the DPA is 40 days from receipt of the SAR.

With regard to Cease and Desist notice, unless the untruthful comments are still being repeated and circulated, it is pointless sending such a notice. If, on the other hand, it is ongoing, then I am happy to draft a notice for you.

What financial losses have you actually incurred as a result of the actions of the two idiots who made the untruthful comments?

What are the time limits relating to slander thanks. I want to send that letter to them as well regardless of the SAR result because they will probably delete information.

Thanks sending sar today.

I would like a cease and desist letter for the club as they have suspended me without any good reason. I would use one of the protected characteristics as relates to EU Non Discrimination laws. Cease and desist as relates to suspension and discussions on matter. Kangaroo court etc.

[des8]

Re: Slander Correct steps

http://www.yourrights.org.uk/yourrights/right-of-free-expression/defamation/suing-for-defamation.html
"A claim for libel or slander must be brought within one year of the date of publication.The court does, however, have the discretion to allow a claim to proceed outside this time limit if it considers it to be "equitable". In exercising its discretion the court will take into account the length of and reasons for the delay and the extent to which relevant evidence is likely to be
unavailable or less cogent"