Defamation - your help

[superlightr]

I am being accused of verbal defamation against somone about 2 and half years ago. Is there a time limit on bringing this sort of case?

I understand its a complicated issue with various defences ie the truth, no loss etc but am unsure over a time limit which I think may be 12 months.

I said something to another person who suposidly made a note I what i said who then said added their own views and made comments to other people. As far as I can remember I only said the truth but do not wish to get into a long defence when the matter may be hit on the head if there is a time limit. ( its about the suitablility of a tenant)

Your help would be appreciated.








>> Edited by superlightr on Tuesday 18th April 13:34

[turbobloke]

IANAL but isn't it legal to voice a legitimately held opinion to an individual? It's the wider public knowledge element that's a potential problem iirc.

ETA a link to the Defamation Act 1996 which updated the 1961 Defamation Act

>> Edited by turbobloke on Tuesday 18th April 13:46

[turbobloke]

Update...

Defamation Act 1996 said:

A person has a defence if he shows that- -he was not the author, editor or publisher, -that he took reasonable care in relation to the publication of the statement complained of, and -he did not know, and had no reason to believe, that what he did caused or contributed to the publication of a defamatory statement

Surely you would have had no reason to believe what you said would be made public? And it was true anyway?

Agreed that would still involve hassle that a time limit would remove but...

On the time limit issue it looks like it's normally 3 years with some excpetions at 1 year, still digging.

[turbobloke]

Update again

This has some interesting content:

A Guide to Media Law said:

Defamation is the generic term for libel and slander. Where the defamation is in writing or in some other permanent form it is a libel. Where it is spoken or in some other temporary form it is a slander... The main defences are fair comment, privilege, malice (as a motive for bringing a case)... ...and Limitation There is a one-year time limit for bringing a defamation claim.

Looking good Houston

[kenp]

Slander and defamation are civil torts ( a trespass to one's character). There is an offence of criminal slander, but rarely used, primarily because the degree and consequences of such a libel require to be quite severe. The test of a slander is 'would such a statement lower the plaintiff' standing and estimation in the view of right thinking people'.
In a tort you don't need to show damages, but absence of damage dramatically reduces damages awarded. Defences include - truth and fair comment.

[Piglet]

The limitation period is one year.

Have a look here

www.dca.gov.uk/civil/procrules_fin/contents/protocols/prot_def.htm

Is the statement at issue only something that was said verbally? If so and it was over 1 year ago I'd imagine that you're in the clear. If it was something that was still capable of being "published" ie a comment on a web forum it would still be actionable.

[Flat in Fifth]

Obviously a bit late now, but for future reference if someone asks your opinion of another, be they an individual or company, a fairly safe statement if they are utter twassocks is "I feel unable to recommend ......"

[superlightr]

Super, Fantastic - I love you all! Thanks for the help. Very kind.

I will update when I get a reply for written details of what Im alleged to have done, when and to who. Ive had a verbal talk with this person a few weeks ago which was vauge to say the lease and rather me dropping myself in it, I will get him to formall put the allogations.

I think he trying it on with the hope of getting preofessional indemnity insurance to pay out, but I dont have pro indemity for that period of time.

Thanks again for the help. Hopefully can hit this on the head early.

10/10 and gold stars all round.

>> Edited by superlightr on Tuesday 18th April 17:23

[turbobloke]

Good luck, seems like one year is indeed the limit.

Did a bit more reading and it turns out that one of the reasons for moving to a 1 year limit rather than 3, may well concern cases such as those commonly brought by the Police Federation. They 'earned' over £1.5 million from their various cases prior to the new Act, and rightly so if there were wrongs to be righted, but their tactic - as a matter of policy - was to wait 2 years and 51 weeks before beginning each action. Not sure if this was a) to capture as many individuals and organisations as possible in any continuing publication of the alleged defamation or b) for the buggeration factor or c) both of these, but it won't be possible any more.

[superlightr]

Thanks turbobloke.

This is still plodding on. I have asked for the preaction protocol to be followed by the claimant. He is being very vauge, and not actually answering my basic questions of what was untrue, to who and when.

Should know a bit more next week.

Thanks for the help and pointers.

ps do you know how much it costs to start this action?

[justinp1]

superlightr said:

Thanks turbobloke. This is still plodding on. I have asked for the preaction protocol to be followed by the claimant. He is being very vauge, and not actually answering my basic questions of what was untrue, to who and when. Should know a bit more next week. Thanks for the help and pointers. ps do you know how much it costs to start this action?

If you ask me, from my (I know not really relevant) knowledge of business law is that it is a load of bol*****.

I am unaware of what benefit he stands to get, apart from a monetary payout, however this will be relative to the loss of the claimant.

It would be useful to get a bit more info about the exact situation. It sounds like it might be that as a previous landlord you were asked for a reference for a tenant. If this is the case then by definition this is your opinion unlless you have stated some facts. An example of this would be 'Mr X at one time was two months behind with rent payments'. If these statements are correct then you have nothing to worry about.

The other factor is cost. As far as I am aware no insurance company or legal aid will fund a defanation or libel case, thus he would have to find the funds himself which will no doubt run into thousands.

Unless you have some other information to add which will show otherwise, I seriously doubt that any kind of case will be bought, and further to this I cannot see what exactly this case will be. IMHO the situation is that he has heard something from a third party about something you have said/written about him and is now wanting to get his own back by scaring you. To be honest I wouldnt even entertain talking to him about it, and if the subject is broached ask him to put it in writing from his solicitor. If you talk to him before that it is only giving him more ammunition to scare you with.