Being sued after writing a negative review on TrustPilot

[Torrent2000]

Hi,

I am facing a stressful dilemma after having had a surgical procedure done on me. The procedure has been a disappointing result and this has been reflected in the review that I had published on TrustPilot. As a consequence the business has threatened to sue me unless the review is taken down, which I have emphatically refused. The review is a reflection of the result I had received and is based solely on my opinion, however the business has warned me that despite the circumstances it will cost me thousands of pounds in legal fees to defend.

I am based in the United Kingdom.

Can anyone with experience in litigation cases advice?

[tesla6518]

I would seek professional advice, I am aware of cases in the US where patients who have submitted a negative review have been sued, successfully, for such things as Libel, causing distress, defamation. you do not state which country you are in so Laws may differ. It seems unfair as they invite you to give a review on TrustPilot and if it is not positive they sue you.

[Torrent2000]

I would seek professional advice, I am aware of cases in the US where patients who have submitted a negative review have been sued, successfully, for such things as Libel, causing distress, defamation. you do not state which country you are in so Laws may differ. It seems unfair as they invite you to give a review on TrustPilot and if it is not positive they sue you.

Many thanks. I am based in the UK. The one defence I have is the right to an opinion otherwise why have review sites?

[DE DOGS]

I can write of two cases of neglect in the Hospital, but impossible to accept. Brother in Law a problem breathing at night, call an ambulance to A and E and sent home in the morning no problems they said, next night same again cannot breathe on going to bed. Ambulance called,this time taken in, put to bed, and put into an induced coma, believe this, the staff walked away result died. Next Family. Sister in Law, Hernia operation, did not cure the problem, back in, second Operation was done Brother sitting there at the bed she was almost in a coma, Junior Doctor commented to the Surgeon "Do you think, it's a punctured Bowel, he was instantly told shut up, the result was a Punchered Bowel, result Died.

[R0b]

Many thanks. I am based in the UK. The one defence I have is the right to an opinion otherwise why have review sites?

You are correct. There is a defence to defamation based on honest opinion but you have to ensure that your review is factual and truthful. Deviation from that is where it gets you into hot water.

Has the company sent you a letter before action or just made threats of taking you to court to try and get you to back down?

[Torrent2000]

You are correct. There is a defence to defamation based on honest opinion but you have to ensure that your review is factual and truthful. Deviation from that is where it gets you into hot water.

Has the company sent you a letter before action or just made threats of taking you to court to try and get you to back down?

They did say that if I delete the review they will provide me with the appropriate after care as contractually obliged although if I refused they would sue and withdraw any after care.

Also you do not necessarily have to be 100% factually correct if it is based on your opinion? For example I described them as an conveyer belt service based on my interpretation of them performing excessive number of surgeries a day.

Their solicitor sent me a defamation claim that was not stamped by the high court nor was the injunction that they sent me. He has claimed to have filed it now and he said it will be issued imminently.

My solicitor feels there is better than a 50% chance this will be struck out although the cost is thousands of pounds.

[R0b]

You are right you do not need to be 100% factually correct where your opinion is concerned, otherwise it wouldn't be an opinion, but you do need to be factual in terms of the context and background related to the opinion you are giving, and that's where people may trip up which could then affect how the opinion is interpreted.

If you are retaining a solicitor then I think you should listen to them rather than us as your solicitor will have the background to the claim. If you successful you should be awarded your costs, although you might not expect 100% of those costs back unless the claimant agrees to pay your costs by way of settlement but your solicitor should have already told you this.

I'm a little unclear why you are seeking help here on the forum when you have a solicitor, can you explain?

[Torrent2000]

You are right you do not need to be 100% factually correct where your opinion is concerned, otherwise it wouldn't be an opinion, but you do need to be factual in terms of the context and background related to the opinion you are giving, and that's where people may trip up which could then affect how the opinion is interpreted.

If you are retaining a solicitor then I think you should listen to them rather than us as your solicitor will have the background to the claim. If you successful you should be awarded your costs, although you might not expect 100% of those costs back unless the claimant agrees to pay your costs by way of settlement but your solicitor should have already told you this.

I'm a little unclear why you are seeking help here on the forum when you have a solicitor, can you explain?

Many thanks Rob, I am just getting as much information I can gather in relation to my defence. What you stated is exactly what my solicitor explained however I can not get round how the legal system can give opportunities like this for big businesses to bully consumer's to not give negative reviews. It's like a form of cheating and that is why I am so infuriated that they can inflict damage unfairly to members of the public. What I mean, is the money it will cost to mount a defence is what makes people submit to their demands of removing an honest review.

[EXC]

Their solicitor sent me a defamation claim that was not stamped by the high court nor was the injunction that they sent me. He has claimed to have filed it now and he said it will be issued imminently.

For me, that has all the hallmarks typical of an outfit that is not serious about going beyond the brink of a threat.

[MIKE770]

For me, that has all the hallmarks typical of an outfit that is not serious about going beyond the brink of a threat.

agree there

[Torrent2000]

For me, that has all the hallmarks typical of an outfit that is not serious about going beyond the brink of a threat.

I am not sure that is the case, although I am angry that they can peruse these claims through the court system.

[R0b]

Why are you angry though, everyone has a right to take legal action against someone provided the law recognises the legal basis for doing so. Granted, some claims may be speculative at best and it sounds like this one may be one also, but if that's the case then the business will be penalised if they lose in the form of costs awarded against them.

Is it unfair? Absolutely, but they are just as much as entitled to have their claim heard as anyone else if they feel that what you have stated could be considered defamatory. If you don't like it and you think you have a good chance of being successful, then you can try to nip this in the bud and make an application for summary judgment to get the claim kicked out at an early stage whilst limiting your own costs.

Does the company know you have instructed a solicitor? Sometimes, they may back down once they become aware that you might be legally represented, because they may not be able to get away with things that you might do with an unrepresented person.

[Torrent2000]

Why are you angry though, everyone has a right to take legal action against someone provided the law recognises the legal basis for doing so. Granted, some claims may be speculative at best and it sounds like this one may be one also, but if that's the case then the business will be penalised if they lose in the form of costs awarded against them.

Is it unfair? Absolutely, but they are just as much as entitled to have their claim heard as anyone else if they feel that what you have stated could be considered defamatory. If you don't like it and you think you have a good chance of being successful, then you can try to nip this in the bud and make an application for summary judgment to get the claim kicked out at an early stage whilst limiting your own costs.

Does the company know you have instructed a solicitor? Sometimes, they may back down once they become aware that you might be legally represented, because they may not be able to get away with things that you might do with an unrepresented person.

Why? Because if we allow the justice system to enable businesses to issue court proceedings against bad review's (based on an informed opinion) then that is a clear abuse of the system. It will cost me thousands just to get it struck out of court, hence why it is effective in getting people to agree to remove their reviews. How can that be right?

That is a form of cheating to protect a 5 star review's which do not allow the consumer to make an informed decision. I am in contact with others that have also been threatened by the same solicitor.

[Torrent2000]

Why are you angry though, everyone has a right to take legal action against someone provided the law recognises the legal basis for doing so. Granted, some claims may be speculative at best and it sounds like this one may be one also, but if that's the case then the business will be penalised if they lose in the form of costs awarded against them.

Is it unfair? Absolutely, but they are just as much as entitled to have their claim heard as anyone else if they feel that what you have stated could be considered defamatory. If you don't like it and you think you have a good chance of being successful, then you can try to nip this in the bud and make an application for summary judgment to get the claim kicked out at an early stage whilst limiting your own costs.

Does the company know you have instructed a solicitor? Sometimes, they may back down once they become aware that you might be legally represented, because they may not be able to get away with things that you might do with an unrepresented person.

Ultimately however you are right. Are justice system allows these type of claims. What could they get away with doing to an unrepresented person?

I heard sending the defamation claim to the wrong address, could be one trick. Then if no one turns up to court, they could get a default judgment.

[VanessaW]

I am sorry to hear of your plight and want to offer my support. I am also facing a defamation case and understand how stressful and anxiety inducing it can be.

My case is featured here:

https://legalbeagles.info/forums/for...-the-uk-courts

I would like to share what has worked for me.

I believe that you need legal help to assist with this, so I suggest you contact the Free Speech Union, Index on Censorship, and Robert Sharp (a free speech campaigner) for support. They may be able to find you pro bono representation or give you some advice. Index found me a pro-bono barrister and the FSU have offered me a great deal of support in a number of ways.

Robert has also been amazingly supportive and helpful as a second claimant, connected very closely to the first claimant, has brought another defamation case against me, which I am defending as a litigant in person. So I am actually facing two of these cases which are part of a much larger and very malicious campaign against me!

Secondly, you could start a CrowdJustice page to raise money to defend yourself. I did this, and it has so far raised £54K for my first case which has been of huge assistance to me financially, although my legal costs are currently in the region of £130K.

To bring a defamation case or to defend one, you are talking telephone numbers of money. It is extremely hard, but not impossible, to defend one as a litigant in person.

This man, Clinton Lee, recently managed to do that so you could contact him for help as well. He has reached out to me and given me some helpful tips:

https://www.linkedin.com/posts/clint...member_desktop

Most defamation cases are issued as threats to try and crush you.

If the claim is issued, you must respond via the Response Pack within 14 days or you will get a default judgment against you.

I hope that helps for now and I will continue to add further thoughts when I have time. If you feel wobbly, you are welcome to call me on 07918 684598 and I will try and help you with your anxiety or questions.

Good luck!

Vanessa

P.S. I would add that it is vital that you work with a specialist defamation solicitor. Defamation is an extremely complex area of litigation and requires specialist knowledge. Don't use a general/local solicitor as this will not be the best option for you imho.