Email from Solicitor

[Kells Bells]

Hi all

If you receive an email from a solicitor who is claiming defamation of their clients character, is it legitimate? Should it should be recorded delivery?

[atticus]

No need for recorded delivery.

Have you checked the solicitor out, eg by looking at the Solicitors Regulation Authority website?

[echat11]

It might be an idea to provide a brief summary of what's happened so we maybe can provide more tailored advice.

[Kells Bells]

Hi

The solicitor is on the sra website.

The solicitor is claiming defamation of character regarding posts in a facebook group. No names have been mentioned, just town and job (which could be many candidates).

[atticus]

Does the e-mail comply with the requirements for claim letters set out in the Pre-action Protocol for Media and Communications Claims? https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_def

(see paras. 3.1 & 3.2)

[atticus]

[echat11]

Hi

The solicitor is on the sra website.

The solicitor is claiming defamation of character regarding posts in a facebook group. No names have been mentioned, just town and job (which could be many candidates).

He / she is going to have a tough job proving the comments are about them, if they haven't been identified.

Posting for information only - https://www.humphreys.co.uk/articles...ts-of-a-claim/

'A claimant must prove that the defamatory statement refers to him or her. In most cases this can be done without difficulty, as the claimant will be named.'

[Kells Bells]

I don't think it's an official claim. The solicitors letter is asking for the posts to be removed and a public apology. In our eyes, all posts could be any person in that town / job. The only way the claimant can identify themself is the original post being written by their client.

The solicitor has also forgotten to attach 2 attachments mentioned in their letter and asked for a response within 7 days.

[atticus]

You might thank the solicitor for his e-mail, and ask for the attachments, if you think they may help you understand the claim and prepare a response (which you can say you will send once you have considered the full material and taken advice).

[echat11]

You can get 30 / 45 minutes Pro Bono from solicitors, initial advice.

I personally would write back and state the claim is baseless, if there is anything that needs to be removed he / she should ask the platform e,g, Twitter, to remove it. Further if there are any further letters you will 'deem' that as 'harassment' under the Prevention from Harassment Act 1997.

[Kells Bells]

Lovely. Thank you both for your kind advice.

[EXC]

I tend to agree with ECHAT11.

If the solicitor hasn't identified the words complained of or how the complainant could be identified to have suffered harm because of them it tends to indicate that it's just a hollow threat.

Claims in defamation are serious, big bucks litigation where even if the claimant wins they invariably lose money overall. This sounds like a punt in the hope you'll be scared enough to cave. It happens all the time.

[Kells Bells]

Thanks too exc. We have replied rejecting the claims. Hopefully that's the end of it.

[EXC]

Ok. The solicitor would (or should) have advised the claimant that there was no hope in winning the claim and would have suggested the threat-o-gram you got might be a cheap punt. Once the claimant realises that you're not going to play ball he'll have to consider whether it's worth pursuing.