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Malicious intent - what is this?

8 replies

SamJones · 02/05/2010 19:26

I've just been informed that my partners ex is going to sue me for malicious intent (she very much objects to our relationship).

I have no idea what that means or what would be needed to prove it. I know I have done nothing wrong to her or anyone else, and have done my best to stay in the background but this woman is capable of great flights of fantasy in terms of what everyone else does/says and the solicitor in question has a very dubious reputation so any information would be gratefully received!

OP posts:
BetsyBoop · 02/05/2010 20:28

I don't think you can sue for "malicious intent" it's not crime, it's about how you break the law, let me try & explain with an example

If you publish a story in a newspaper about a cafe that has had food poisoning, but accidentally name the wrong cafe - that is libel.

If you publish this story deliberately naming the wrong cafe with the intention of damaging their reputation - that is libel with malicious intent.

You are likely to get a harsher punishment from the court for the latter than the former.

I hope that helps?

FabIsGoingToGetFit · 02/05/2010 20:30

Is it libel to say a solicitor is dubious?

BetsyBoop · 02/05/2010 20:38

just a thought - she doesn't mean "malicious falsehood" does she?

SamJones · 02/05/2010 21:01

I have only heard what she has told my partner so far - nothing official - and I'm actually wondering if she is bluffing. So will await any official documentation.

But if I had named the solicitor then I guess it might be libelous if a reputation can be so. But there is nothing here that would identify any individual to avoid any of that.

BetsyBoop - you are too kind to her in saying she has a screw loose.....but don't get me started. I have had my eyes well and truely opened in terms of what some people are capable of recently. And I didn't consider myself to be that naive.

OP posts:
prh47bridge · 03/05/2010 09:39

BetsyBoop is right - you cannot sue someone for malicious intent. You can sue for malicious falsehood if they have been saying things about you which are untrue and cause them some kind of loss but fall short of being libellous.

FlookCrow · 05/05/2010 23:10

She's making it up. Ignore her and move on.

diyfamilylaw · 07/05/2010 07:12

I agree with Flookcrow.........this is all hot air. She is trying to rattle you. She has acheived what she wanted, which is to cause you anxiety and distress. Do not get involved in a war of words with her because she is likely to win as she has no concept of dignity and no doubt she will sink to any level in an effort to hurt you. The cost of pursing something like she is threatening through the courts is prohibitive. Not sure what she is doing but if this woman is harassing you maybe you should fork out for a solicitors letter advising her that her conduct will not be tolerated and if she does not desist then you will instigate your own proceedings under the harassment act.

diyfamilylaw

LoveBeingAHungParliament · 07/05/2010 07:14

Don't give it another thought, a sad woman indeed.

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