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Found 10 results

  1. Before I go into the whole long story (and it is long!), does anyone have any experience with defending defamation claims? My wife is being sued by our neighbour for defamation, following a statement she made on Facebook. The statement was made in anger following several years of what can only be described as torture from these people. The complainant's partner has been the main instigator of the trouble we've had and she has been prosecuted and convicted twice, her daughter once, for their behaviour against us. The complainant mostly stays quiet, but it was he who committed the act which prompted the Facebook post. They have made several attempts previously to accuse us via solicitors, police of things which we haven't done, which we have proved, so my feeling is that this claim is just vexatious; an attempt to "get us back". My wife's post was shared by the complainant's partner and the abuse that my wife received following that was horrific, to a point where I asked her to take down the post, which she did. So I think it's safe to say that it hasn't damaged his reputation one single bit. The meaning of the post has been twisted in the particulars of claim. Happy to go into further detail if someone thinks they can help, or give an opinion. The defence is due to be submitted by this Friday, 27th, but I'm not bad at putting things down on paper. I suppose I need someone's opinion on whether he has a chance. My wife has no assets and no income; the house was mine when we met and we have 3 small children together, so not sure how they expect to collect the aggravated damages should they win. Thanks in advance.
  2. Hello Friends, I have been working a my current firm for last 1 year 3 months at one of the top financial firms. I have to work very hard and extended hours to meet the business objectives of firm. My boss is being very unkind and dishonest with me. He basically wants to throw me out and bring in an old colleague at a lower salary. I came to know about his plan from one another colleague. Last Monday, there was a without prejudice meeting with firms solicitor where the boss started making false and flimsy allegations that my conduct has not been right in that I did not follow his instruction. He is citing just two occasions in a matter of one week. I have been able to prove one of the allegation as false and for the other my colleague can help me to prove wrong. He has no evidence of having given any such instruction of work though as it was communicated verbally. He is saying that he can get a few witnesses, who are again his friends from management side. What is best for me. Should I ask for evidence of such work having been assigned to me . Today again there was a without prejudice meeting with the manager and the firms solicitor, who is calling a case of break of trust and confidence as I have been performing poorly. Again this is a baseless allegation. I will come to this aspect later. My company handbook has a disciplinary processes which lays down that disciplinary matter is sorted in four stages. I want to know if the firm is contractually obligated to follow the disciplinary process. I am worried that if thrown out on basis of misconduct and poor performance, then PPI will not cover my mortgage and my career will be ruined. Can someone please advise me on this. Thanks
  3. Hi, I hope you can help me. I posted a negative review on a website of a removal company. That company is now threatening me with defamation and false accusations unless I remove the review. I instructed the website to do this via email (I have no other means of contact) and copied in the removal company contact. It states, however, on the website that it can take up to 7 business days to remove the review and, after 6 business days, the review is still there. Note I am not able to remove or edit the review myself. I explained to the removal company that I cannot remove the review and that it can take up to 7 business days to have the review removed however they said yesterday, 6 business days after requesting the review to be removed, that they will issue court proceedings. I noted that there are other reviews on the website for that particular company that I would consider to be similar in nature and have been there for several months. My questions are: 1. Can the removal company issue court proceedings to me despite no longer living in the UK? 2. What exactly is the process for issuing court proceedings? Does someone have to physically give me something to do this rather than online? 3. Is there anything else I can do if the review is still not removed after 7 business days? Any help would be appreciated!
  4. New libel laws aimed at giving better protection to people expressing their opinions are to come into force in England and Wales. Claimants will have to show they have suffered "serious harm" before suing, under the Defamation Act 2013. The changes - coming in on 1 January - will also address "libel tourism". The government said the law would reverse the "chilling effect" current libel laws have had on freedom of expression and legitimate debate. Journalists, scientists and academics have faced unfair legal threats for fairly criticising a company, person or product in the past, the Ministry of Justice said. So, will the new Act bring significant change? In many respects it is an exercise in codifying, simplifying and giving statutory force to existing law. For instance, courts had already started to dismiss "libel tourism" cases and jury trials had all but vanished in defamation cases. The power to achieve these things are now put into the Act. However, the Act will affect the balance between free speech and the right to protect reputation. For instance, it will be more difficult for companies to sue for libel as they now have to show they have suffered or are likely to suffer serious harm because of a defamatory statement, and they will only be able to do that if they can show they have suffered or are likely to suffer serious financial harm. That makes it tougher for them to go after journalists or scientists who write about their products and services. There is also more protection from libel for those running websites if they can show they are not the authors of defamatory posts and assist in identifying those who are. It said the Act, in force from Wednesday, would provide "clearer, better protection for people publicly expressing opinions", while campaigners said it was "good news for free speech" but urged Northern Ireland to follow suit Continue reading the main story http://www.bbc.co.uk/news/uk-25551640
  5. Hi guys, I've got a defamation claim against me. The circumstances are unusual, I didn't make the review but it was made with my account. I do not know how this occurred, my speculation is that it was the result of some sort of account breach, though the claim was started very close to a year after the review was made and I am unable to get any evidence that suggests such. I have no links to the claimant, didn't know who they were prior to the claim and did not know about the defamatory review. Due to the time between it being made and me becoming aware of it I've been able to dig up no evidence to defend the fact that I didn't write it. There's plenty of potential scope for someone doing something malicious like this though, I head and moderate as part of teams some extremely large communities on reddit that get millions of users per month, it's quite possible some angsty teenager decided to lash out as a result of moderator actions, but of course, I have no proof. The claimant suggests I was paid to do this, and cites certain negative aspects of the SEO industry and "reputation management" as being why I may have done it. I've attempted to cooperate in every way I feel reasonable, but they're having none of it. I gave them permission to look at bank records to show that's not the case, as well as information that would give them access to my SEO work in order to try and show them otherwise and attempt a reasonable conclusion. One thing I do not want to give them complete unmitigated access to is my google account (which the review was made from) due to the fact the account has such an enormous amount of deeply personal and completely irrelevant information on it. I've tried being reasonable with them, I've asked them to narrow down precisely what they want from the account in order for me to cooperate without giving them anything that's completely irrelevant, the account has been used for a very long time and due to google's nature is connected to an enormous number of services, not to mention tens of thousands of emails. I have a telephone hearing on the 20th of January for disclosure, they're seeking complete access to my google account and my computers. What options do I have available? I am unable to get legal aid. Defamation cases are not covered. The CAB have been useless. I really need some expert help, the claimant (an american lawyer) has made it quite clear he will pursue the case for the sake of damage to his reputation, he's already spent thousands and knows full well I'm unemployed and broke, hoping that it will go away because it really isn't worth anything to him isn't going to happen. This claim was started shortly before there were changes in defamation law, he has no need to prove any damages actually occurred as a result and this is being held under older laws I believe.
  6. Hi all, Just looking for some advice on my situation. Basically I was subjected to 6 months of bullying/unreasonable treatment by a new boss (won't go in to details on that but several incidents, some witnessed, some not.) Several staff on my team including me complained to his boss, to no avail. All I got was mediation where he acted like he was the aggrieved party (surprise!) So I decided to get a job elsewhere, which I did, although I never wanted to leave. With two weeks of my notice left, I was called in to his office and berated in an aggressive and extremely abusive manner, all over nothing. I was immediately instructed to leave and told I'd get my last 2 weeks paid, which my employer did. However I later found out that the day I left, after I was gone he called a meeting stating I'd left as he'd caught me out lying, I had refused to work etc. He'd emailed me to say this that same day as well. Weeks later I heard from a former manager that it had got to her (the other side of the organisation) that I'd gone for deliberately sabotaging and falsifying documents. A grievance is being worked through. Ideally the result I'd like is the following: - An upholding of the grievance itself (although sadly it would appear from reading this forum that bullying rarely does get upheld no matter how many witnesses/incidents?) - The defamations to be retracted. - A charge of gross misconduct against my old boss for repeated and unfounded defamation of character in written and verbal format and the bullying. - 'Some form of redress' for the fact my whole career and life have been knocked sideways by this, when previously I was one of the best performers in the company and had won numerous awards to that effect. I won't go in to details but it's cost me thousands as a result of this. Anyone have any thoughts on whether this is likely to end up as a letter sent to me saying 'sorry no case to answer' or 'sorry we're going to work on his behaviour, bye', or whether I might actually end up with what I would consider just from this? I'd have thought they can't deny the email I have from him which is insulting, the various witnesses to defamation and the repeated complaints about him to management previously? Thanks Jeff
  7. Hi, I have become aware that Lowell/Red have wrongly been trying to contact me recently, over an out of date alleged debt dating back from almost ten years ago. They have contacted an Ex directory phone number NOT registered to me, that has no link to the alleged debt and has never been given as a contact number. It is registered to my partner. They have left numerous messages to this number which I have recorded proof. Also they have wrongly sent various emails to an email address not used by me, and again not linked in any way to this alleged debt. This email address has never been used in any correspondence with them or to contact them whatsoever. I have not had any contact with the alleged creditor, or used that account for almost ten years now, so it if there was anything outstanding, (which I believe there isn't) would be Statute Barred as it well over 6 years ago. I am tempted to contact the Original Company asking them for details etc. or ask what's goin on. I feel that Lowell/Red have :- (1) Broken the Data Protection Act (2) Committed Defamation of Character (3) Used illicit means to obtain the Ex directory number and email address (4) Broken a variety of debt collection rules (5) Threatening to pay me a visit (where, home or work ?) (6) Giving False information to Credit Reference Agencies, wrongly affecting my credit rating I haven't contacted them yet, I thought it was just a mistake or one off, until I realised the extent of what they have done. I am now deciding whether to ask them exactly how and by 'what means' they come by these wrong contact details, giving every Tom, Dick and Harry, false, incorrect, misleading information about me, causing me distress. Can I sue them, for damages, take action against them or report them ?
  8. My p.a over the past 18 month has submitted my expenses incorrectly. In essence she has taken my receipts and submitted them multiple times as well as using the incorrect mileage allowance for my mileage expenses. I have agreed to pay back this overpayment but now is where the fun begins. It is being implied (in writing) by a representative of the company that I have done something underhand - I have told them that this is defamation unless they have documented proof to substantiate their case. They are telling me that the 'expense policy says that all expenses are my responsibility' but I have not been on any internal training course nor accepted any expense policy other than in my standard terms and conditions of employment. The above way of working is common across the organisation. A representative of the company is now saying my secretary will have her approval to submit claims on my behalf, that another p.a I use can only load an expense for me and that I am the only person who can submit the claim. This is only for me - no other employee I have told this person I feel that a case is being constructed against me. That this process reaffirms the 'underhand' allegation and that if they wish to document any case, I will formally respond via a solicitor. If they are not able to do this I have asked for an apology, assurance that there is no case being constructed and that the policy change is implemented across the organisation not just against me. HELP - I don't know what to do as my health due to stress and anxiety is starting to suffer.
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