Defamation claim

[jade1978]

My ex has sent me a letter, looks like a template he's found online from a google search I did. There is no solicitor address or anything on the letter and he sent it himself. It states that he plans to take me to court if I don't apologise in 7 days for a comment I made in a private message to a friend about his recent behaviour. He has no knowledge about what I said. The comment was true and I was simply explaining the situation to a friend. My friend because she was pissed off, messaged him again in private despite me asking her not to, (My ex is bi polar and currently seems unstable) and told him that he was being unfair etc etc, and now he's saying he can sue us for defamation. I think its ridiculous to be honest but its worrying me all the same. Someone tell me its ridiculous, or should I be worried.

[prh47bridge]

He can sue but if he takes legal advice he will probably be told not to bother. If you can prove that what you said was true any legal action he takes will fail. But it is highly unlikely it will get that far.

[jade1978]

Thats for your reply. He doesn't actually know what I said though, he's just making a claim based on an assumption. I quoted a message he sent to me word to word to a friend, so it's his own words that my friend has acted on. On top of that he has sent me messages telling me that he's going to make me regret ever meeting him, followed by You C**t. So he isn't exactly blameless in the response he has received.

[prh47bridge]

He'll get nowhere. Telling someone the contents of a message he sent you is not defamation.

[AllyMcBeagle]

I agree entirely with prh47bridge. It seems very unlikely that he would sue you, especially as - assuming you're in England or Wales - you can't sue for defamation in the County Court unless both parties agree. It has to be the High Court which will put almost everyone off. It sounds like you would have a good defence if he did anyway.

Are you worried about the messages he has sent you saying he will make you regret meeting him? It might be worth contacting the police if he is threatening you.

[jade1978]

Thanks for your reply. I did consider logging it with the police as he also turned up at my house unannounced and walked straight in, demanding I sign this letter, which as I said looks made up and printed off the internet. My reservation in doing that though, is that he is not well, I have known him for a couple of years and this isn't the person I know. There hasn't been any more contact for a couple of days, but in the letter/email he states I have until Thursday 12pm to comply with his wishes, so I will see if anything happens after that before taking further action. Thanks again. I'm hoping he forgets about it and that will be the end of it and I can put it all behind me.

[alifromtheforest]

There's no case for defamation if you truly believe that what you said is true, or if it's just your personal opinion or if it's an accepted fact. You also haven't put it into the public domain, it was a private message, so you clearly are not intending for him to suffer from what you said.

Defamation as a civil wrong is designed to stop people doing things like deliberately spreading malicious gossip which tangibly has a negative effect for the target of the gossip.

Ignore him. From what you've put here, he doesn't even have the tiniest sliver of a case.

[alifromtheforest]

Ooops, should have said legal bod here!

[jade1978]

Its true, because the words came from his mouth. And I have the message to prove it, a long with other abusive angry messages, where he makes a dig at my character.

Thank you so much. I will try and ignore and relax about the situation

[Bombardier25966]

Would you be comfortable contacting his GP to make them aware he may be having a mental health episode? Explain the situation so they can assure your anonymity. I've seen situations like this and they'll call the patient and invite them for a general review, so it doesn't make it look like someone has reported concerns.

[jade1978]

I did this a few weeks ago, when he had a psychotic episode. Sadly they just ring him, he tells them he's ok and that's that. His son has also contacted the GP as he had his own concerns. I have literally done everything I can to support him.

[AllyMcBeagle]

Do you think he might be a danger to himself or others (including you)?

[jade1978]

No not particularly AllyMcBeagle, there have been a few incidents over the last few weeks that have caused people concern, but apart from this threat of court action, he seems to have gone quiet over the last few days. He has just started a business so his focus and manic energies are now probably focused on that. But of course if I was really concerned I would act for sure.

[BreakWindandFire]

Defamation claims have to be lodged in the High Court - it's not something you can do via the small claims court. I doubt he has the money, time or ability to launch a case against you.