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Legal matters

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Original poster

Help any legal beagles out there or anyone with similar experience

96 replies

Tenalady · 12/05/2011 21:54

I have a very old friend from my childhood who's wife is saying that we are having an affair. Cant go into too much detail but it isnt true. She is now posting to everyone on FB with the same surname, which a lot is my family and I wondered if there is a way of legally stopping her from causing so much damage. My DH will go into a coma if this doesnt stop soon he is so sensitive.

OP posts:
Leo4 · 12/05/2011 22:12

it is called defamation and is illegal..It could obviously affect future job prospects etc ...Look up libel and slander and you will find some information on the subject.

I am only a law student so I wouldn't be able to help you personally...But there are a lot of advice sessions run by uni's which give you advice from solicitors for free. x

Leo4 · 12/05/2011 22:13

here is the wikipedia definition..I could explain further if you need...

Defamation?also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)?is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed

thebestisyettocome · 12/05/2011 22:21

Why don't you engage the services of a local solicitor to write a letter on your behalf. A lot of high street firms have a civil specialist which is what you would need. Keep things simple and negotiate a price beforehand if you are on a budget.

Please don't be misled by Leo4's comments that defamation is illegal. I don;t want you to think that the person saying these things could be arrested etc. This is a civil matter.

Hth Smile

Leo4 · 12/05/2011 22:24

Yes but it is illegal in the sense that you can bring a case against the person in a law court....

I am a law student and know what I am talking about thank you very much

thebestisyettocome · 12/05/2011 22:25

Good luck with that Leo4 Smile

MoreBeta · 12/05/2011 22:29

I am not a lawyer but I wonder at what point her actions would constitute harasment or stalking - which may issues that police could perhaps intervene in?

thebestisyettocome · 12/05/2011 22:30

I would be amazed if the police would even consider intervening.

Leo4 · 12/05/2011 22:32

It is more likely this will be a civil claim..with a retracting of the statement(s) and or damages...

however if it started to affect mental state or frighten victim then it could become harassment perhaps xx

Original poster
Tenalady · 12/05/2011 22:34

Thanks all, need to do something quickly as its making my DH ill. My poor friend has been chucked out of his home, its awful for all concerned.

OP posts:
Leo4 · 12/05/2011 22:35

I hope you sort it out..it is a horrible thing to contend with...I personally think it should be criminalised....but then I suppose there is the question of free speech and human rights !!

thebestisyettocome · 12/05/2011 22:35

The Police will not get involved believe me Tenalady.

thebestisyettocome · 12/05/2011 22:37

Just re-read Leo4's post.

"It is more likely this will be a civil claim."

I'm sorry Leo4 but that is plain wrong. This IS a civil matter.

Leo4 · 12/05/2011 22:41

Yes libel is civil ...but harassment is not...a question MoreBeta posed... ! I think you are trying to be very picky when I am indeed trying to help someone in need!

ivykaty44 · 12/05/2011 22:42

what type of horse is it?

thebestisyettocome · 12/05/2011 22:44

The police will not treat this as harrassment. I am sorry but I find some of your advice really misleading and when you are a lawyer you can't afford to do that.
I wish you well in your studies.

thebestisyettocome · 12/05/2011 22:45

That was to Leo4 btw Smile

Good luck OP.

K999 · 12/05/2011 22:46

Defamation is a civil matter. You could raise an action, but this area of law is quite specialised and can be expensive. The police will not get involved as it is not a criminal matter. In Scotland, you may qualify for legal aid but the tests are pretty high. Smile

Leo4 · 12/05/2011 22:48

really and you are a lawyer? and if you are you cannot afford to treat people this way...and actually I am at first level degree standard so obviously doing something right...there is a lot that is ambiguous about the law..something you would know if you had studied it ....!

ivykaty44 · 12/05/2011 22:49

I am a law student

so your not a lawer otherwise you wouldn't be a law student - would you you would be a lawer

belledechocchipcookie · 12/05/2011 22:50

You could try reporting her to facebook, they have the power to block her account. K999 is right though, defamation cases are expensive so beyond the budget of all but the wealthy/famous, there's no legal aid availiable for it also if I remember correctly.

Leo4 · 12/05/2011 22:50

I never said that I was a lawyer! this is getting petty and I can't be bothered to argue anymore! I just wanted to help

smallwhitecat · 12/05/2011 22:51

This reply has been deleted

Message withdrawn

thebestisyettocome · 12/05/2011 22:52

Honestly Leo4 I have tried to be nice. I am a lawyer.

thebestisyettocome · 12/05/2011 22:55

smallwhitecat. The fact is the Police are VERY unlikely to see it that way. The harassment would have to be pretty strong to warrant them stepping in. I feel that pointing the OP in that direction would be giving her flase hope or setting her off on a wild goose chase.

I stand by my earlier advice. I think approaching fb as somebody else has suggested sounds good but I don't know anything about fb so couldn't say if they're likely to help or not.

thebestisyettocome · 12/05/2011 22:55

'false'

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