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Defamation of character

8 replies

whateverloser · 08/10/2015 17:28

Am I right in saying bringing a case for defamation of character is extremely expensive? Exh and new partner have told awful lies that could affect my professional reputation. They have produced fake paperwork to back up their story, which has ended up with the police. The police accept it is all fraudulent and they have been questioned. They are likely to just have a caution. Their aim has been to make me look like a lunatic, I think, so no one would believe anything I say. Exh pays no maintenance ( it is going to court next month), and obviously he doesn't want anyone knowing this. I feel I need some sort of public righting of wrongs. Is there any point pursuing it? I have very limited funds- five dcs and just my income. Thanks.

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lalalonglegs · 08/10/2015 17:57

It can only be done through a private prosecution so it is pricey - you would need specialist solicitors and barristers plus there are lots of court costs and, if your exh were to be exonerated, you would be liable for all his costs too. I'm not sure what you hope to achieve - it would be very unlikely to end up in court as your husband would have to be completely unhinged to progress with it given the risks (especially if he has a police caution that helps to corroborate your complaint).

If the police do give him a caution and he is forced through the courts to start paying maintenance, it might be possible to get him to issue some retraction by using an aggressive solicitor but the problem with this is it can draw attention to the original accusations which some people may not have noticed/been aware of in the first place.

TracyBarlow · 08/10/2015 23:39

It is so, so expensive. Even if you could afford it, and you went through the massively lengthy process and then won the case, the payout is unlikely to be very high unless you have suffered substantial, tangible loss. Plus, it's unlikely the press will even bother to cover it so there'll be no public righting to speak of.

I think you're just going to have to try and move on. People really don't believe everything they hear. The people who really matter will believe you. It's unfair, I know. There are gradual changes taking place that will mean it's easier and cheaper for people to bring libel cases to court in the future, but not yet.

MyBoysAreFab · 08/10/2015 23:42

Would cost a fortune and you would have to quantify your loss which would be nigh on impossible to do. Concentrate your energies on how best to deal with damage limitation. How many people know, should you write out to all clients to clarify etc.

Babytookacupwoo · 08/10/2015 23:45

Its so infuriating isn't it? My sympathies

whateverloser · 09/10/2015 23:48

Thanks for the replies. It was an abusive marriage. This is just a continuation of his need to harm me, I think.

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amarmai · 10/10/2015 00:07

i have seen notices in newspapers where people state that they are not liable for the debts of so&so. I am thinking a variation of this might be a notice in the paper saying you are not receiving maintenance for 5 cc from ex. It 'd be a public shaming , the truth and payback for the lies he is trying to propagate re you. Ask a lawyer if this is possible. If it is i can think of many other public statements that would make a mother in need feel better.

goddessofsmallthings · 10/10/2015 03:35

A formal police caution is only given where there has been an admission of guilt and if your exh and his new partner are formally cautioned by the police this will be a vindication of sorts for you.

The majority of claims for libel, slander, and malicious falsehood are settled out of court and, unless your exh is famous or exceptionally wealthy, any such claim you make is unlikely to attract the attention of the press and result in the 'public righting of wrongs' you desire.

If your exh is cautioned in connection with an offence he has committed against you I would suggest that you publicise this fact by verbally informing your boss(es), colleagues, and as many others as possible while ensuring that you firmly adhere to the facts of the matter and resist any temptation to add extraneous detail.

Unless it has been approved by a solicitor, I strongly advise you against putting anything related to the matter in writing as you may unwittingly cross the line between fair and unjust commment.

Regardless of whether your exh and his new partner are cautioned by the police, I suggest you give consideration to instructing a solicitor to solicit an apology and an assurance that they will desist from defaming your good name and reputation.

However, that said, I personally would not be inclined to spend money that could be used for more pleasurable pursuits on this pair of bare faced liars and would rely on my professional reputation and those who know the true story to refute their false allegations without cost to myself.

Fwiw, there's no reason why you shouldn't go round the streets with a loudhailer proclaiming his failure to pay maintenance but, before doing so, you're best advised to give thought to how raising public awareness of his reluctance to provide for his dc may affect them.

I hope that next month's court hearing results in a stunning result satisfactory outcome for you and also hope that you'll come back with an update as to whether or not the dastardly duo are cautioned.

whateverloser · 10/10/2015 16:25

Thanks for the excellent words of wisdom. I will let you know when the police have decided what they are going to do.

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