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A question about defamation.

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  • A question about defamation.

    I have a question regarding a statement made by an individual at a Management Company meeting held for the residents of the estate for which the management company is responsible.

    Brief background: Myself and 4 other residents sent a letter to the Management Company (the directors of which are residents themselves) outlining various concerns we had about the lack of communication we were receiving about their activities.
    In the letter there was a paragraph which stated that a resident (unnamed in the letter) had been reported by a local villager, from outside of the estate, as being seen doing some work on the public open space which is the responsibility of the Management Company. In conversation this resident proceeded to tell the villager that he was acting for a Gardening Club which was being set up by the Management Company. This news regarding the setting up of a gardening club came as a surprise to myself and the other 4 of my neighbours so we asked about this in our letter to the Management Company quoting what the resident had said to the villager.

    Now just to clarify, in the letter to the Management Company no names had been mentioned with regard to who the resident was who made the comment to a villager, nor who the villager was who he had made the comment too, nor was it stated which of the 5 individuals party to the letter to the Management Company it was that had been told about the conversation by the villager.

    At the meeting the resident who had had the conversation with the villager somehow had obtained a copy of the letter sent to the Management Company on which he had highlighted the comment regarding the gardening club. He immediately attributed the comment to me, then launched an abusive attack telling everyone that no such conversation about a gardening club had ever taken place with any villager and that he had spoken with the villager in question who had flatly denied they had ever spoken to me regarding a gardening club. He went on to say that I should be ashamed of myself for making up such stories (ie for lying).

    My immediate reaction was surprise and bewilderment at how he had got his hands on a copy of the letter, how he had concluded that it was me that had contributed the information, how he had assumed that the resident referred to was him and how he concluded which villager he should approach to ask about the statement. So I responded by saying, yes it was me who had contributed the comment and that all I could suggest is that I would talk to the villager who had reported the conversation to me and ask why he was now denying it.

    The following day I spoke to the villager (a reputable local parish councillor) who had originally told me about the conversation. He stated that after the original conversation with the resident he had not had any further discussions with him about the original conversation or any comments made in any letter. He then went further by giving me a signed letter confirming that his original conversation with the resident had taken place and that my account of the resident telling him about a gardening club was correct.

    So my initial question question is, could the resident's outburst stating publicly that my comment was a shameful fabrication be considered defamation, especially considering a number of the residents attending the meeting do not know me well and could now believe that I am a liar - particularly as it could be viewed that the resident appeared to have support the of the directors of the management company who must have given him a copy of the letter in the first place.

    My next preferred course of action is to present the resident with a copy of the villagers letter and ask him to submit a public apology for the Management Company to distribute with the minutes of the meeting.
    However if he refuses to do so, do I have sufficient grounds to instruct a solicitor.

    Any views would be appreciated
    Tags: None

  • #2
    Hi.

    1 Serious harm

    (1) A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Also, any action for defamation must be started in the High Court, not County Court.
      How deep are your pockets?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Thanks for the feedback.
        Since posting I have come across this statement:
        ============================== What is defamation of character?

        Defamation of character happens when someone says or writes something untrue about you (or your business or product) which is damaging to your reputation (or that of your business)

        The false information needs to be about the characteristics of a person (or their business or product). It must cause damage to the image of that person (or their business or product).

        A defamation of character lawsuit will only be successful if the information published is:
        • Untrue in some respect
        • Exaggerated
        • Reported in an intentionally misleading way

        In the UK, there is no statutory definition of defamation. Instead, various statements by the courts contribute to a common law definition of defamation.

        Each definition has a common link to the reputation of the person or business about whom the statement is made. The most widely regarded definition of defamation is a statement made which ‘tends to lower him in the estimation of right-thinking members of society generally’.

        ===============================

        This clearly indicates that defamation can be verbal or written - as long as the statement was to a third party.
        The defamation act you linked to is very limited in description by comparison, but does say "A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant"
        If an unsubstantiated (let alone untruthful) statement means that an individuals neighbours would no longer trust them surely that is 'serious harm to their reputation" ?.

        With regard to depth of pockets, I have legal insurance covering fees up to £50,000 - I would have to seek a view from my insurers about the potential costs. Also if it went to court I would imagine that the other consideration would be how confident the other party would feel about my not winning. If they defended and lost would it not be the case that they could end up carrying my costs as well as their own.

        Comment


        • #5
          I don't think that there is any detailed definition of 'serious harm'.
          Each case will be fact-specific & the case will turn on those facts.
          It is also for the Claimant to prove/evidence the exact extent of the harm.
          Best advice would be to have a chat with a specialist defamation solicitor.
          You could try the link below to have a scout around.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Wouldn't it be easier, less stressful just to obtain a copy of the minutes of that meeting, and then at the next meeting issue a rebuttal backed up with your evidence?

            In my experience people rarely back down and situations over heat.

            Deal with it as simply as possible (even ignore it) and third parties soon forget.
            Taking court action is really the last resort


            PS If the insurance you refer to is a Legal Expenses Insurance combined with your household policy it is most unlikely to cover legal expenses involved in a defamation claim

            Comment


            • #7
              Hi it is not worth the cost of taking it court and lose anyway.

              Best thing you can do it, wright to management company and make a formal complaint over the leaking of the letter.
              Did you singe the letter? Or did it have your name on it?
              If so, I would at the next meeting bring up GDPR and now bad the management company is on handling your privet data.

              Also, you could directly ask the man now he got the letter. As he does not work the management company. If GDPR is involved you could say he should be ashamed of himself from breaking the law. As is not the miss use of private data a crime?

              Comment

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