Defamation, malicious falsehood, libel....and the limitation period

[DavidTechman]

Hi All


Hope someone can help.

I've tried finding out the clear info for this and have submitted a potential case to a lawyer.


I have found a publication about me, that was published 3 months ago.

the contents took place about 7-8 years ago, from what I understand this is a leaked report.

But some of the contents i wasn't aware of and affected my business and personal life some years ago.

It contains malicious falsehood and what i would consider is libel, as it contains lies and information that I wasn't aware of what was said, about me personally also that's 1 million percent false.

the contents took place over 7 years ago, but I became aware 3 months ago, and since finding out I've been in contact with a lawyer.

They are now telling me, they cannot do anything because its a year from the moment it was said.

I thought it was a year from the moment I became aware within reason of such information being published.

So if it was 3 months ago published, and I started acting on this after 15 days.

To be clear I gave the lawyer all off the report, including all the names, and my past documents over the years.

I felt years ago something happened but I had no proof who or what was said, I now have concrete evidence.... and being told by the lawyer its a year from being said, and not a year for finding out or even a year from the published date of the leaked info.



I have put full faith in the firm, and gave them everything, I dont want to be the person who questions a system and thinks they went to the other people, and got paid to drop it or talk me into thinking i have no case.

and the other thing is, If i went to another lawyer would i have to tell them that this firm said i have no case, in advance to presenting it, as they may turn me away straight away because i gave info elsewhere, and its no longer evidence that they only hold, because another firm has all the evidence and they fear they may sell it to the defence. (this is what someone told me aka friend)

ta

Dave

[rickierich]

Hi All


Hope someone can help.

I've tried finding out the clear info for this and have submitted a potential case to a lawyer.


I have found a publication about me, that was published 3 months ago.

the contents took place about 7-8 years ago, from what I understand this is a leaked report.

But some of the contents i wasn't aware of and affected my business and personal life some years ago.

It contains malicious falsehood and what i would consider is libel, as it contains lies and information that I wasn't aware of what was said, about me personally also that's 1 million percent false.

the contents took place over 7 years ago, but I became aware 3 months ago, and since finding out I've been in contact with a lawyer.

They are now telling me, they cannot do anything because its a year from the moment it was said.

I thought it was a year from the moment I became aware within reason of such information being published.

So if it was 3 months ago published, and I started acting on this after 15 days.

To be clear I gave the lawyer all off the report, including all the names, and my past documents over the years.

I felt years ago something happened but I had no proof who or what was said, I now have concrete evidence.... and being told by the lawyer its a year from being said, and not a year for finding out or even a year from the published date of the leaked info.



I have put full faith in the firm, and gave them everything, I dont want to be the person who questions a system and thinks they went to the other people, and got paid to drop it or talk me into thinking i have no case.

and the other thing is, If i went to another lawyer would i have to tell them that this firm said i have no case, in advance to presenting it, as they may turn me away straight away because i gave info elsewhere, and its no longer evidence that they only hold, because another firm has all the evidence and they fear they may sell it to the defence. (this is what someone told me aka friend)

ta

Dave

It is a year from when you know if they withheld or a mistake took place. It has to be withheld to be honest but look at section 32 of the Limitation Act. It might be a different section but you need to look over that. Defamation has case law which pretty much states it is a from damage etc. You might want to look it to the republication of the defamation etc. I am pretty sure the damage from seven years ago you can not touch but the new publication you will have some damage. Just not as much.

[DavidTechman]

appreciate reply, im curious why the law firm are saying its not a year from publication, but a year from when it was said, which of existing, especially between the parties involved until now

[Amethyst]

S8 Defamation Act http://www.legislation.gov.uk/ukpga/...tion/8/enacted

[DavidTechman]

appreciate reply, im curious why the law firm are saying its not a year from publication, but a year from when it was said, which of existing, especially between the parties involved until now

so

For the purposes of section 4A of the Limitation Act 1980 (time limit for actions for defamation etc) any cause of action against the person for defamation in respect of the subsequent publication is to be treated as having accrued on the date of the first publication.

So i do have a right from first publication, why are the laywers saying completely the opposite

[des8]

Jumping in here with a query about the time line:

What was the original report?
Was it "published" ie was it made to a third party or was it kept within the confines of a limited company (ie a person)
When was it "leaked" ie when did a third party obtain it?
How did that person obtain it? Was it given to them (ie published) or did they steal it?

If that report was kept private and not made available to any third party, its first publication might have been 3 months ago

[Amethyst]

Des's questions will help. Also check if it may be covered by a section 7 defence ( https://www.legislation.gov.uk/ukpga/2013/26/section/7 )

[DavidTechman]

Just to double check, as I have gave info to a laywer, and full info not leaving things out, is it ok to approach more laywers with same info, also if i went route of an immediate, for talks behind close doors, do i have to disclose who i shared the info with and how many lawyers etc