Libel issues

[fabe]

Sorry, was not sure which forum section to write in. There was'nt one obviously for that area of law..

Anyway, Hello folks, here is my question;

I made a small claim against a non-paying client. To cut a long story short, Trading Standards became involved and I have now dropped the case because of an external influence. I did, however, defend my business and myself to Trading Standards, and now the ex-client is saying I libelled him, and is threatening to sue. He may well do to as he is a bit that way inclined....

He has not read the letter to Trading Standards which call him what he is (a liar), sooooo can I request that Trading Standards do not show him the letter?? It is addressed to them and not him afterall. This fella is beyond stubborn, will happily lie his behind off, and possibly has the money too bring a case. I do not have the time or money to defend this.

Any thoughts appreciated.

Fabe

[natweststaffmember]

Re: Libel issues

Sorry, was not sure which forum section to write in. There was'nt one obviously for that area of law..

Anyway, Hello folks, here is my question;

I made a small claim against a non-paying client. To cut a long story short, Trading Standards became involved and I have now dropped the case because of an external influence. I did, however, defend my business and myself to Trading Standards, and now the ex-client is saying I libelled him, and is threatening to sue. He may well do to as he is a bit that way inclined....

He has not read the letter to Trading Standards which call him what he is (a liar), sooooo can I request that Trading Standards do not show him the letter?? It is addressed to them and not him afterall. This fella is beyond stubborn, will happily lie his behind off, and possibly has the money too bring a case. I do not have the time or money to defend this.

Any thoughts appreciated.

Fabe

The only defence to a lie is the truth. You can lie all you like to someone but if the facts are staring you in the face, the lie can be proven as being that. Trading Standards letter might be useful for a court claim. Has he simply threatened to go to County Court or simply said, "I'm going to sue you!"? If its the latter, then do absolutely nothing as there is nothing you can do until someone actually sues you.

[fabe]

Re: Libel issues

Cheers Nattie,

The client is a man who has become ill over the last few months and has also become 'trigger-happy' in old age. I am now aware that he is in dispute with at least two other companies and he is seemingly intent on going down fighting as it were. He will say whatever he can to get his way- he was patently a commandeering and overbearing man in younger life. He has threatened to go to court, and if he does I will have no option than other to defend myself. So really could do with knowing about this letter and whether I can ask them not to reveal it.

Thanks again, Fabe

[natweststaffmember]

Re: Libel issues

Cheers Nattie,

The client is a man who has become ill over the last few months and has also become 'trigger-happy' in old age. I am now aware that he is in dispute with at least two other companies and he is seemingly intent on going down fighting as it were. He will say whatever he can to get his way- he was patently a commandeering and overbearing man in younger life. He has threatened to go to court, and if he does I will have no option than other to defend myself. So really could do with knowing about this letter and whether I can ask them not to reveal it.

Thanks again, Fabe

If he has asked TS to look at the case then there is little you can do to make sure he doesn't see the letter. If it goes as far as court then it would be in your interests that he sees the letter anyway.

[StoneLaughter]

Re: Libel issues

The letter was official communications between you and the TS office and is as such already confidential. I doubt that TS would release it to him without a Court Order.

What this means is that (as far as I know) it cannot be libel. Libel (again as far as I know) is publicly available information which is written down or otherwise permanently recorded, which defames the character of another in the eyes of that infamous "reasonable man".

As the information you have provided to TS is private, then given the definition above it cannot be held to be libel.

Please do read my signature though and have this opinion verified before you act upon it.

[Glenn UK]

Re: Libel issues

Its also worth picking up the phone to TS to ensure that they do not give out the letter either.

They may not think about the potential repurcussions and unless you instruct them not to they may well let it slip out.

Glenn

[ed.]

Re: Libel issues

Libel is committed if released to a third party. It can be private or public communication.

Given it was to TS, it could be classed as privileged due to the investigation and a necessary disclosure of facts due to their investigation.

I'd pen TS a simple letter or a quick phonecall as advised stating that this chap is suggesting he will create trouble based on the events already, and ask that they consider all information sent to them as privileged communications in order for them to fully conduct their investigation into the matter.

Thus, if this chap does want to take things further the facts and findings of TS's investigation may well be used in evidence, but remind them that the disclosure of the confidential communications that led them in their investigation should remain private between you and TS because if members of the public, or businesses couldn't trust confidentiality they would be less likely to be completely open and honest with them should there be a need to in the future.

All details of an official investigation such as this should remain private unless their is an overriding public interest or serious appeal on the findings, they shouldn't be disclosed just because somebody thinks they may have been libelled without proof, reason or rhyme - let alone he has suffered nothing because until he gets that communication he has no idea what was said.

[EXC]

Re: Libel issues

Libel is usually commited in published form and one of the main strengths of any libel case is the number of people who read it. As the alleged libel was not published as such and read by perhaps one or two people, it wouldn't make for a strong case IMO.

[fabe]

Re: Libel issues

Thanks good folks,

I have taken all points on board and contacted TS to say the letter was intended as confidential.

I mentioned that a certain person (naming no names!) was not (in a letter from him) addressing any of the realities of the complaint and that they are simply trying to 'denounce' me and are threatening action on the (shaky) grounds of defamation.

I further said that the matter is closed as far as I am concerned; that is to say that I am no longer pursuing my action.

I did feel that his case is very weak due to it being a lie, and partly as mentioned, that I have not actually gone round the streets shouting it. No one blooby knows I know he is a liar!!

Cheers, Fabe

Am I correct in assuming the limitation for action is twelve months from the date of comment/remark??

And finally; in a libel/slander case is 'opinion' still a good defence. By that I mean if you say the defamatory remark was stated as an opinion and not a fact....

[StoneLaughter]

Re: Libel issues

You have to be able to show that the remark was ORIGINALLY meant to be taken as an opinion; either by wording or context. If it was made as a statement then it will be very difficult to convice a Judge, after the fact, that it was meant to be taken as other than a statement.

For instance:

"If you ask me, he's lying his butt off!" could be an opinion... and it would be fair to try to demonstrate it as such.

whereas

"He is lying." simply could not be.