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Sue for Defamation

(8 Posts)
pleasejustchangemyname Fri 04-Sep-09 18:17:07

I am really in a pickle because of some parent. I need to sue for defamation of character. Main problem is due to this accusations made I am not earning a salary at all anymore for the last 2 weeks and I will have to stop what I am doing and the worst part is my name will always be attached to this little boys name. Its been confirmed that I definitely have a case and will win but apparently it is quite costly. I cant earn any money because of these claims and apparently Legal Aid dont cover things like this.

Anyone be able to advice or help please?

mamayaya Fri 04-Sep-09 21:31:17

It will be very expensive for you to sue anyone for defamation and quite hard to prove, and a trial will be by jury. Just a few things to think about. Want to give me more details and will have a think about it? Am a solicitor.

SomeGuy Fri 04-Sep-09 22:18:40

It's going to cost tens of thousands, minimum, I believe.

Why not explain what exactly has been said and what you hope to get out of it, whether there's likely to be money to get from the person you are sueing, etc.?

mumoverseas Sat 05-Sep-09 08:58:20

I also agree it will be very expensive and no guarantees you will be awarded costs.
Also find it hard to see how you can have been told you will win. There are no guarantees with the legal system

LSEE Mon 07-Sep-09 19:13:36

If whoever has told you that you "will win" is so certain of the outcome won't they offer you a conditional fee arrangement (e.g. no win no fee) to fund the litigation?

pleasejustchangemyname Tue 08-Sep-09 20:34:18

Hi

Sorry for not getting back sooner. Been in such a state trying to get every thing sorted that it slipped my mind that I posted on here.

To cut a long story short I am a childminder and been suspended due to a parent making the following accusations.
1. Parent said that whilst the children were in my care she received a number of calls from myself and my husband telling her to pay the full amount for the childminding and that if they did not do so, I would report her to Social Services for having forgotten to leave one of the children with their asthma inhaler. Parent said that my husband became quite abusive during these calls.
2. That when she collected the children at 10am on the 19th August, I took more than 5 minutes to answer the door during which the parent had heard one of her children in a distressed state in one of the downstairs room. When I answered the door the I indicated that I had been in the bath.
3. That when she collected the children were not properly dressed and had no socks on and that their belongings were "strewn around the house" and not properly packed and ready to go.
4. That after she collected them, the elder son (aged 5) had told his mum that I hit them several times on the face and told them that I hated them. The child also said that I had thrown them from a sofa to the floor and a few other times I hit them. The child also said that they slept in a cot like their younger sibling after I indicated that I would provide a bed for the older child. (That is a big 2 year old and 5 year old in a small travel cot).

None of this is true, because of the last accusation the police and social services became involved. Police arent taking it further because they say they do not have enough evidence that I did this. However she is not retracting or saying otherwise. I do have a hearing with OFSTED this friday. My main thing is no matter what comes out with OFSTED on Friday my name is forever going to be linked on their files that I hurt them. I am a childminder and have a 2 year old. I am suspended so losing income and had to lose a family that was suppose to start first time when the schools opened.

Sorry for long post

LaurieFairyCake Tue 08-Sep-09 20:38:30

It's not worth it, nothing really to gain. One word against another's (apart from maybe the phone call which I'm presuming is not a time you were actually talking to her)

Far more important to get your name cleared with Ofsted and get back working again.

Why did they take against you so badly? Did the child lie to them or do you just think it is totally fabricated for another reason?

pleasejustchangemyname Tue 08-Sep-09 21:31:53

That is what I am hoping to find out on Friday. I just couldnt understand after I thought that Police said its all clear that they will come back and lift the suspension after questioning.
But after contacting the police again they said they not taking it further but OFSTED must because it was said by a 5 year old. Dealt with Social Services as well and they are all okay.
Will have to wait and see.

Most of the other stuff are just nothing in my eyes at least cos I know she made it all up but the accusation that I hurt her kids are just too close to the heart.

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