Tweet
I am currently involved in proceedings and the other party has made a very serious, completely untrue accusation of me and tried to caveat it with 'we are not claiming that XXXX accusations were true.'
However they say that they took actions as a result of the accusation, which implies that they believe it to be true, so much they acted.
At the conclusion of the proceedings the documents of it will be published publicly.
The accusation satisfies The Defamation Act 2013 s.1 (1)
I know unless the other party agrees that a claim must be brought in the High Court, however my question is about issuing a Letter Before Action. If I were to issue one now and these documents published on October this year, would the letter still be valid?
Or do I need to wait for the publication, that being the Cause of Action to then send a Letter Before Action?
The party making the accusation will not be the party publishing it, but the accusing party are in full knowledge it will be published.
However they say that they took actions as a result of the accusation, which implies that they believe it to be true, so much they acted.
At the conclusion of the proceedings the documents of it will be published publicly.
The accusation satisfies The Defamation Act 2013 s.1 (1)
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Or do I need to wait for the publication, that being the Cause of Action to then send a Letter Before Action?
The party making the accusation will not be the party publishing it, but the accusing party are in full knowledge it will be published.
