Slander Correct steps

[bluebottle]

Re: Slander Correct steps

I echo Wombats' sentiments. If the two individuals who were responsible for making the false statements in the first place are still doing this, then you should consider using anti-harassment legislation to deal with it. When used correctly, it can be very effective and, certainly, when it has been used against debt collection agencies, they often cannot settle fast enough.

[rickierich]

Re: Slander Correct steps

Harrassment legislation requires a criminal element, to hold otherwise it will not even make it to court. I am fine with the process it is only my english which is bad. Hence why I need help. I can handle everything, I know my strategy I just need help with finer points. Wombat does not know the details, as I am keeping them close to my chest. I will more than be ok with this, I just need to make sure of a few things. First step is to bring the slander case against these two individuals. This requires the initial letter and a pre-action disclosure request, after this I can get legal aid for the rest. If you can help great, I just need some generic letters to work of.

[Guest]

Re: Slander Correct steps

Harrassment legislation requires a criminal element, to hold otherwise it will not even make it to court. I am fine with the process it is only my english which is bad. Hence why I need help. I can handle everything, I know my strategy I just need help with finer points. Wombat does not know the details, as I am keeping them close to my chest. I will more than be ok with this, I just need to make sure of a few things. First step is to bring the slander case against these two individuals. This requires the initial letter and a pre-action disclosure request, after this I can get legal aid for the rest. If you can help great, I just need some generic letters to work of.

Yes you are right of course there has to be at least the cause serious enough to merit a criminal complaint for the harassment act to come into play even on a civil action.


Slander though is notoriously hard to prove and even harder to evidence in the way of damages, so not many decide to go down that path, however best of luck.

[bluebottle]

Re: Slander Correct steps

Harrassment legislation requires a criminal element, to hold otherwise it will not even make it to court. I am fine with the process it is only my english which is bad. Hence why I need help. I can handle everything, I know my strategy I just need help with finer points. Wombat does not know the details, as I am keeping them close to my chest. I will more than be ok with this, I just need to make sure of a few things. First step is to bring the slander case against these two individuals. This requires the initial letter and a pre-action disclosure request, after this I can get legal aid for the rest. If you can help great, I just need some generic letters to work of.

In your case, Rickie, I feel the Protection from Harassment Act 1997 is more likely to provide you with a remedy than trying to bring a civil action for Slander, which is notoriously difficult to prove and, as Wombats clearly points out, could lead to you losing substantial sums of money and achieving nothing. Also, the Legal Aid Board is going to be looking at whether there is a realistic prospect of the case being successfully litigated.

I have provided links to Crown Prosecution Service Legal Guidance and the Protection from Harassment Act 1997 (pfHA) which should provide you with clearer guidance. However, given the nature of what you have been subjected to and the modus operandi of the two individuals you have mentioned, the civil remedy provisions of Section 3 of PfHA are more likely to provide you with remedy than pursuing a civil action for Slander which, as Wombats points out, could achieve nothing and leave you seriously out of pocket. Also, you have the hurdle of convincing the Legal Aid Board of the merits of you bringing an action for Slander.

If you are on a limited income, you may be entitled to remission of court fees, if you decide to use the civil remedy provision of PfHA and seek an injunction.

I have to be honest and say that unless more detail is made available, it is difficult to guide you in the right direction that will bring the justice you seek.

http://www.cps.gov.uk/legal/s_to_u/s...rassment/#a02a
http://www.legislation.gov.uk/ukpga/1997/40/contents

[Guest]

Re: Slander Correct steps

Yes well you pays your money is suppose.
However an injunction for this kind of case is really not an option and I think you would get some strange looks form the judiciary if you were to apply for one in the above circumstances, so I would take that advice with a pinch of salt if I were you. (not really sure what exactly you would "injuct" anyway TBH )
As said the harassment act is really off limits too unless you can show some kind of criminally actionable aspect to their behavior.

[Scigal]

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.

Awful isnt it i went through it too. I sued my last employer for disability discrim and unfair dismissal. I was successful. But they slandered me so much that i lost the next job (the jobs were similar, and they phoned up,head office lying about me and discussing the case). This was yrs ago, but now something similar is happening again and i wonder if they are involved. Cant find out from anyone though, confidentiality etc etc

[Wombats]

Re: Slander Correct steps

If you are adamant you wish to continue on this path against every suggestion so far, the best I can find to help is this:

http://www.inbrief.co.uk/claim-prepa...defamation.htm

You state you are keeping some details close to your chest and I think you're very wise to do so. I'm sure if you want to draft your letter and post it up we could help with the English side of things, but that would then reveal the very cards you're keeping close to your chest. Do you not have any friends who have a solid command of English language who could help you with this aspect?

[rickierich]

Re: Slander Correct steps

The main detail, is that I have nothing. Even if I lose they can not recoup anything.

[Wombats]

Re: Slander Correct steps

Was the link of any help?

[rickierich]

Re: Slander Correct steps

I had already seen it before. I have written the letters, now I just need to move things around and make sure it is legal.

[Wombats]

Re: Slander Correct steps

You wrote this at 11:37 hours yesterday morning:

This requires the initial letter and a pre-action disclosure request, after this I can get legal aid for the rest. If you can help great, I just need some generic letters to work of.

I then posted a link which gives the content needed for those letters. You failed to comment on the link so I enquired whether it had been helpful. You then replied at 14:04 hours today you had already seen it and have written the letters.

I had already seen it before. I have written the letters, now I just need to move things around and make sure it is legal.

Am I a mindreader? No.

Have you ever heard the saying, "Manners maketh man"?

We're trying to help you. :colbert::wink::bounce:

[rickierich]

Re: Slander Correct steps

Sorry, I have said thank you many times, sorry if you took offence. I did not mean to. You all have been a great help especially bluebottle

[Wombats]

Re: Slander Correct steps

Sorry, I have said thank you many times, sorry if you took offence. I did not mean to. You all have been a great help especially bluebottle

No offence taken, don't worry. Sometimes in our desire to help and your desire to get what you want wires get crossed - it happens. It doesn't stop us doing our best to help each other.

[rickierich]

Re: Slander Correct steps

I have managed to move things on, and got access to a couple legal databases. practical law and westlake are both pretty good.
But I can not find guidance on getting court orders. As these are geared towards the legal industry. I need to get an order from the court.

a Court order request for outstanding personal information.

This is my right under Section 7(9) of the Data Protection Act 1998 (the DPA).

I am just at a loss as to which forms to fill out, and which court to file it in.
I think it is an N244 but I am not sure.

[stevemLS]

Re: Slander Correct steps

You can't normally get an order for pre-action disclosure unless you are already engaging with the proposed defendant so you would need to show that you had notified them of your potential claim in a pre-action letter.

You are following the pre-action protocol on defamation aren't you?

CPR 31.16 covers pre-action disclosure. The application is a general N244 and must be supported by evidence meaning a statement, you need to show that they are likely to be party to subsequent proceedings and that the documents you seek would be disclosable under standard disclosure.

I'll say again, defamation proceedings are complex and with great respect you seem to be struggling already, you will not get legal aid and in my view you can't rely on well meaning people on an internet forum to take you through them.