Defimation of Character Case

[NWR]

Hello all,

I wonder if you can help me, I would like to know where I stand.

Last week I was at work and my role is H&S Manager and I was nearly rundown by a motor vehicle on a public highway when crossing the road with another co-worker.

As a result, once I left the worksite, I then identified the vehicle, and the driver was still in the driver’s seat. I approached them and said can I have a word please, I'm H&S for the site down the road and you nearly run me over and I'm concerned for the other lads on site who have to cross the road on a regular basis each day and made a request for them to slow down. I've only recently been discharged from hospital after being in intensive care with COVID and this was my first day back full time and I'm not the most mobile at the moment. At this point they said they was only doing 20mph and was not speeding. Again I said please slow down your going to hurt someone, they was doing about 60mph in a 30mph zone. Unfortunately, they would not listen so I said I'd have to report it to the Police.

I then took a note of the registration number of the vehicle and the driver jumped out and started screaming at me that I was a paedophile and videoing me. To defuse the situation, I then got in my car and drive away.

Unfortunately, two days later, a picture of me started to be shared around my worksites that had been screenshot from Facebook that stated that I had tried to drag the driver and their child out of the car which was totally untrue and did not happen.

Then there was an online media article stating that attempted child abduction claims untrue Police state.
Then on another Facebook group, the Driver stated that things had all been blown out of context and that I never tried to drag them out of the car and that thye had contacted 101 to advise that this had not happened but then in the same post went on to say that I am a dirty nonce and I’m none for it.

I’ve reported this to the Police but they have not been much help and are still investigating it even though they have not been to see the driver and said that the Facebook profile could be made up even though it has the drivers picture on it and is all pictures of the driver and her family.

I’ve also tried a number of solicitors where I live and there are virtually none that deal with civil claims for Defamation of Character.
I’m thinking that my only route to clear my name is through the small claims court, the only problem is I don’t have the residential address for the driver who is making these false accusations.
This has had a big impact on me, I have the full support of my employer, but it could of quite easily gone the other way where I lost my job. There is also the damage to my reputation with the workforce who think that I’ve tried to abduct a child.

I've not got the money to fight a high court case but could afford to go down the small claims route.

[EXC]

I’m thinking that my only route to clear my name is through the small claims court, the only problem is I don’t have the residential address for the driver

Unfortunately The Civil Procedure Rules which govern the adminstration of litigation prevents claims in defamation being started in the County Court (AKA small claims court) unless both parties agree otherwise in writing. See Practice Direction 2.9 (1) PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

In the absence of an agreement proceedings would have to be started in the High Court. Defamation proceedings are complex, lengthy, stressful and expensive and almost never acheive their intended purpose.

You could consider a claim for harassment but without solid evidence prove liabilty you'd struggle.

My advice? Walk away and don't allow yourself to be consumed with it.

[islandgirl]

I have no legal knowledge in this area but second the advice. Huge expenditure for what? Even if you win haters will hate and say the trial was "fixed" or the "judge was his friend". Move on. As in the old saying today's newspaper is tomorrow's chip paper. If you are bothered about your reputation in work then the company can put out a statement if necessary but my view is don't fan the flames.