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Defamation - Am I Required to Respond with Proof?

Discussion in 'Defamation Law Forum' started by KarmaWinsinEnd, 9 July 2016.

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  1. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

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    Solicitor is asking proof for the defamation comment I had written in public about a company, as another party denies that statement. Is it a must to reply with proof?

    There is no timeframe nor mention about further legal action.

    Can anyone please help? What action should I take?
     
  2. Rod

    Rod Well-Known Member

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    No, you don't have to reply back. You'd just be giving evidence to the other party that then may use that evidence against you. You will only need to give the evidence if ordered to do so by a court.

    It may just be warning that if you continue to post about this company then they will sue you.

    Do nothing at this stage, and do not post or publish any derogatory information about this company that you do not know to be true. Relaying what others say is not a defence.
     
  3. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

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    Thanks,

    I suspect they go and file a case as the next step, which I am okay with. And my comment is true about the product and service from them and it's truly my experience. Also, have a proof to submit to the right person.
     
  4. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

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    Just an update...... I did not respond to the lawyer and now I got a letter of "no response in 7 days, then their client has instructed them to proceed with the injunction to remove the allegation on the online review." Also, if that happens they will claim costs against me.

    Do I need to seek legal advice now?

    I don't know if this lawyer is joking!

    His client will instruct for court proceeding even if I provide the documents they are asking for, so what's the point of giving me 7 days? I really wanted to write back and say please go ahead with the court proceeding so I can get justice at his client's cost.
     
  5. Rod

    Rod Well-Known Member

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    If they take court action and win, the other party will more than likely seek costs against you.

    Lawyers are not known for a sense of humour so it is unlikely he is joking.

    Not sure what documents they have requested, or what you have said. It is up to you whether or not you obtain legal advice. Seems as though it is going to cost you money one way or the other.
     
    Kim Walters likes this.
  6. Tim W

    Tim W Lawyer

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    Whose solicitor? Theirs or yours?
     
  7. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

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    @Tim W
    @Rod

    Their solicitor.

    I removed the comments (though it is true but I don't have written evidence or witness to confirm this) from popular online review site as a need to move on with my life. Also, have given the documents to their solicitor.

    My comment is on small building company I signed a contract for a new house. I have got my full deposit refund after a long challenge.

    Now, they are demanding to that I apologise in writing (as I only identified the date is changed on the form submitted for the developer/permit approval) and not to comment in any forum in future. If so, then the solicitor will suggest the building company not take any legal action against me. If not, then they will seek legal proceedings on indemnity cost (claiming my comment is a very serious public allegation). The solicitor is asking to reply in one business day.

    Any help, please?
     
  8. Rod

    Rod Well-Known Member

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    I understand that an apology in a defamation action is not an admission of guilt, attaches no liability and cannot be used in court against you.
     
  9. KarmaWinsinEnd

    KarmaWinsinEnd Well-Known Member

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    Ok thanks.

    The letter does not guarantee they will stop suing. In fact,the date change in the Form is a forgery as the form says I have reviewed and agreed to the plan ( and plan was changed without my notification and or approval ) but clearly have not.

    Anyway, I just wanted to move on with life. Regardless of apologies, they would still go to court if they are able to get money, won't they?
     
  10. Rod

    Rod Well-Known Member

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    Maybe see if they will agree to release you from liability if you send the letter. Worth a phone call to their solicitor.

    Refer in your letter to the fact that you have complied, and will continue to comply, with their letter of {insert date}.

    They will only get money if they prove their case in court and you have no valid defence.
     

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