Victim of [problem]

[westham1]

Hi guys need some help.

 

I was let go by my old company and it was very bad timing and annoying the way it happened, also they owe me money.. Anyways on Facebook I put up a status stating what happened and what was said and how annoyed i was including that im going to fight them in court ect ect.

 

The owner found out (not sure how) and has now filed a libel case against me.

 

The thing is i never said who i was working for ie the company name or any of the parties involved.

 

Can i still get sued for this ? and if i never mentioned the company name do they have a case.

 

Thanks

[Grotesque]

If you said- or even suggested- that (e.g) he was crooked / embezzling / breaking the law in any way (and if you've said you're going to fight them in court, does that not imply that he must have done something wrong?) then the libel laws apply to social networking sites as stringently as newspapers. You do not have to have named him, the question is: how easily he can be identified as your subject.

 

Tbh, if papers been lodged, then you need a solicitor not a public forum!!!

Edited April 3, 2014 by ims21

[westham1]

Thanks for your reply.

 

There is nothing on my facebook site that says where or who i work for !!!! I said that there were unlawful deductions from my wages and that i will fight them in court. I also stated what he said to me but have not mentioned who he is or the company name.

[Grotesque]

If you were unlawfully deducted wages then you have three months (minus one day) from the pay date to submit your case to an Employment Tribunal. That will be your best witness in any libel trial- that you were writing the truth.

 

Names- are they inferable by his current staff, customers etc, I wonder. His sol. obviously think so.

[westham1]

I will be taking him to a small claims court but for your last comment im afraid i didn't understand

[Grotesque]

I meant (as I said before), you need not necessarily have named names; the question is how easily he could have been identified as the person you were talking about by a group of people to whom his reputation is valuable. I.e, could his identity have been inferred. I also suggested that his sol(icitor) obviously thinks so.*

 

 

*Although solicitors always think you have a case- until the money runs out.

[westham1]

Ok sorry i get it now. I have no customers on my FB page nor did the status get published to a wider audience. I would like to think hes threatening me to not take him to a smalls claims court for the money he deducted from me.

[Grotesque]

In which case, how does he know you've even said it...?

[MrHat]

If he wants to sue for libel, he will need deep pockets

[westham1]

Someone took a screen shot before I deleted it and the guy owns a successful company.

[westham1]

The point is the screen shots he sent me havent had my name on any of them so i wondering whether they forgot to screen shot my name in the pictures. Bad evidence i hope

[Emmzzi]

So no one at all knows you worked for him? Seems unlikely.

 

Anyway - as he has gone straight to court and not offered any other options, do you even have a choice?

[Grotesque]

Indeed. If he can identify the OP so easily off FB... why can't he do the same off CAG?!

[westham1]

He made me aware that he could take me to court for lible but he said hes not going to do that. But once i sent him my letter stating he needs to pay back my money he owes me he then email immediately after saying he was now taking me to court. Hes even broke his own protocol by not getting me to sign a form saying he was taking the money out and then went and took it anyways .

[MrHat]

In my opinion, this sounds like a flexing of muscle based on both side's ignorance of the legal system. Bluff imo and if defended intelligently, he will back off. Just trying to make you go away and to scare you into submission.

 

Libel law is very complicated and requires barristers who have to prove a loss. Going to cost him 10s or even 100s of thousands to pursue.

 

This is just my two cents worth, not advice. Pls follow other's opinions over mine.

[westham1]

I appreciate all the help i really do thank you. Hes also a tight git so i doubt he will pay that amount just to keep face.

[Batfink]

Of course he's not going to sue you for libel - it costs at least £10k to START a libel case - that's before solicitor costs etc are taken into account.

[Pusillanimous]

You have two defences for a libel charge: 1. What you say is true, and 2. It is fair comment.

 

So if he owes you money, then I can't see you have anything to worry about.

[ericsbrother]

As you are owed money you can use the small claims track long after you can use an ET so I would be waiting for the stamped court documents and then file your claim with the county court. A libel claim made in bad faith will be very expensive for him and could get him slapped with a contempt of court charge.

Alternatively, ignore the wind and water and file your claim in the county court for your monies owed and follow the procedures pertinent to that.