Are there any solicitors on this website? I have a problem with a website publishing personal information about me and my business in order to damage me and my business name. This information includes my name, address and telephone numbers trading name and trading address etc etc.

I've spoke on the phone to the owner of this website and asked him to remove it instead he banned me from the website. It cost me £199 to join this website and now I am banned and my business name is being damaged.

I need a solicitors help on this one i think.

Thanks

have you got household insurance?

If so, check your policy.

You'll probably find you have access to a free legal advice line 24hrs :thumbsup:

This is a difficult one, and without wishing to insult you or your business it would first be a good idea to think first (as you obviously have done) then ask yourself questions such as — is what they say true or false?

It it’s true you’re on a hiding to nothing. If it’s a downright lie, any solicitor will do because eventually he’ll have to place your case in the hands of a barrister, and he’ll choose someone who specialises in libel.

Obviously you’re in business so I should tell you — as the barrister will — that it’s costly. If you win you’ll be awarded damages and costs, but if you lose you’ll have to pay your own costs and those of your accuser.

If it’s worth the hassle — and I think it’s got to be if it’s affecting your livelihood — go ahead. I’m lucky enough to have insurance against libel, but the London law firm I use charges huge amounts of money for a 10-minute telephone call. Top whack if you call a barrister in the middle of the night is £1,200. Equally lucky for me is that I don’t have to pay it!

Yes i do run a business but believe it or not I am still entitled to full legal aid. Thats another story.

The reason behind this is purely down to the fact that they own a website that makes £199 per member and I made one with a similar theme to it but it is free to everyone.

Thought I would even things out a little for the people that dont want to pay £199 and the website itself is doing very well.

So you tried to damage their business, but now they are damaging yours?

Game, set and match to them?

this sounds very difficult why don't you get your own back on him and damage his business name too but do it in an ordilary fashion

if your running a "proper" business you should have business insurance.
do they have a good reason to display your address,'cos that is the only thing you can potentially get them on. and then they only have to remove it.

This is a difficult one, and without wishing to insult you or your business it would first be a good idea to think first (as you obviously have done) then ask yourself questions such as — is what they say true or false?

It it’s true you’re on a hiding to nothing. If it’s a downright lie, any solicitor will do because eventually he’ll have to place your case in the hands of a barrister, and he’ll choose someone who specialises in libel.

Just wanted to add here - it doesn't matter whether the published information is true or false. Libel law is not about lies and truths. What matters is whether the information is defametory - i.e. Does it adversely affect his reputation.

Id suggest talking to a solicitor. 95% of libel cases never make it to court. But don't believe for a minute that that means theyre not worthwhile - in fact they almost always settle out of court, one way or another.

Don't engage in retaliatory measures.

Have a read of this too: http://www.newsdesk-uk.com/law/libelcheck.shtml

I had a similar problem recently and found that talking to the ISP that hosted the website was most helpfull (if they ignore you once they are made aware of what they are carrying they can also become liable for legal action and most ISP are too business minded to let this happen!). Go to http://www.dnstools.com/ plug in the name of the website and it should tell you who is hosting it and what their abuse contact is :)

Just wanted to add here - it doesn't matter whether the published information is true or false. Libel law is not about lies and truths. What matters is whether the information is defametory - i.e. Does it adversely affect his reputation.

Id suggest talking to a solicitor. 95% of libel cases never make it to court. But don't believe for a minute that that means theyre not worthwhile - in fact they almost always settle out of court, one way or another.

Don't engage in retaliatory measures.

Have a read of this too: http://www.newsdesk-uk.com/law/libelcheck.shtml


so does posting his name & address qualify as defammatory.??

we don't know what "etc etc" includes.

Yes i do run a business but believe it or not I am still entitled to full legal aid. Thats another story.

The reason behind this is purely down to the fact that they own a website that makes £199 per member and I made one with a similar theme to it but it is free to everyone.

Thought I would even things out a little for the people that dont want to pay £199 and the website itself is doing very well.

libel actions are not covered by legal aid. Specialist solicitors may offer a "no win no fee" basis but this is more common in personal injury claims. Look in the yellow pages and try a solicitor that offers a free half hour consultation or have a word with Citizens Advice.

libel actions are not covered by legal aid. Specialist solicitors may offer a "no win no fee" basis but this is more common in personal injury claims. Look in the yellow pages and try a solicitor that offers a free half hour consultation or have a word with Citizens Advice.

This isn't necesarily the case - there is an offense called criminal libel for which you can (sometimes!) get legal aid. However you need to find out whether it is a criminal or civil case :)

This isn't necesarily the case - there is an offense called criminal libel for which you can (sometimes!) get legal aid. However you need to find out whether it is a criminal or civil case :)

surely that would only be if you were the one doing the libeling and needed defence??

surely that would only be if you were the one doing the libeling and needed defence??

Nope - there are two different libel offences - criminal and civil. The criminal is by far the less common and requires that the libel be serious enough to potentially cause a breach of the peace. So if comeone says your work is not up to standard then it's libel. If someone claims you are a mass child murderer who eats their victims and who should be burnt at the stake that would be criminal libel :)

Nope - there are two different libel offences - criminal and civil. The criminal is by far the less common and requires that the libel be serious enough to potentially cause a breach of the peace. So if comeone says your work is not up to standard then it's libel. If someone claims you are a mass child murderer who eats their victims and who should be burnt at the stake that would be criminal libel :)

ok - I stand corrected :thumbsup:

I woudl really try and get this sorted out without the legal beagles involved.

1. The first question is 'Is there a defamation?'
2. I do believe, however, that publishing your personal details is possibly a breach under the Data Protection Act - it might be argued that they're not taking care of your personal data.

Sounds like this is a business dispute gone wrong - if that's the case (and you've attempted to undercut their business AND set up an identical business to theirs that charges nothing) then it could get very messy. Do you have deep pockets?

If it's not a criminal libel, then you're going to need them.

Getting this thing settled sensibly without lawyers involved should be your first priority - let them know you're considering contacting their ISP and legal action (only if you're willing to follow through) but at the same time suggest that there might be a way out.

There's no point in getting a Pyhric victory here,

Also I think that as a result of the Macdonalds libel case which went to the ECtHR the entitlements on obtaining civil legal aid for libel may have changed. However civil legal aid is extremely difficult to get and it does not guarantee your instructed legal aid solicitor will take the same views of your case as you do, ie they may accept a settlement offer which is not in line with your thinking. I have heard people say that many solicitors could be entitled to be honorary members of Equity.

So you tried to damage their business, but now they are damaging yours?

Game, set and match to them?

There's a big difference between fair competition and illegally libelling someone.

Just wanted to add here - it doesn't matter whether the published information is true or false. Libel law is not about lies and truths. What matters is whether the information is defametory - i.e. Does it adversely affect his reputation.

Id suggest talking to a solicitor. 95% of libel cases never make it to court. But don't believe for a minute that that means theyre not worthwhile - in fact they almost always settle out of court, one way or another.

Don't engage in retaliatory measures.

Have a read of this too: http://www.newsdesk-uk.com/law/libelcheck.shtml



Libel
A false publication, as in writing, print, signs, or pictures, that damages a person's reputation
Lies and truth do make a difference, it's not defamatory if it's demonstratably true.

if its on a website somewhere may a link would help all to assess if its libellous?

Lies and truth do make a difference, it's not defamatory if it's demonstratably true.

In Civil Law the truth is a defence; however, I think that if the libel is a Criminal Libel, then the truth by itself is not necessarily a defence. The defendent must show that the publiction of the statement deemed to be libellous is in the public good.

For civil libel, I believe the defences are :

1. Justification - The statement is true or substantially true.

2. Fair comment - The statement is an opinion, based on true facts, which an honest and unbiased person could hold in relation to a matter of public interest.

3. Absolute privilege - The statement is made in such a way as to grant teh speaker Parliamentary or Royal Privelege.

4. Qualified privilege - The nature and circumstances of the publication give rise to a 'well intentioned public good' defence unless the plaintiff proves malice.

5. Secondary responsibility - The defendant had an innocent and secondary role in the publication of the defamatory statement - typically ISP engineers, postmen, print room workers.

6. Offer of amends - An offer to apologise and pay damages to the plaintiff by an innocent defendant. The offer of amends, if made and declined, can be used as a defence.

7. Limitation - The plaintiff's action has been brought too late - a time limit of one year from the discovery of the actionable statement.

8. Consent to publication - The plaintiff expressly or impliedly agreed to the publication taking place.

9. Accord and satisfaction - The plaintiff has expressly or impliedly agreed not to pursue an action against the defendant.

However, as I always say, I am not a lawyer, and could be wrong!

Nope - there are two different libel offences - criminal and civil. The criminal is by far the less common and requires that the libel be serious enough to potentially cause a breach of the peace. So if comeone says your work is not up to standard then it's libel. If someone claims you are a mass child murderer who eats their victims and who should be burnt at the stake that would be criminal libel :)

It's not a breach of the peace, indeed there is no offence of breach of the peace. BOTP relates specifically to when;

'There is a breach of the peace whenever a person causes harm or appears likely to cause harm to persons or property, or acts in a manner, the natural consequence of which, is to provoke others to violence.'

http://www.yourrights.org.uk/your-rights/chapters/the-right-of-peaceful-protest/public-order-offences/breach_of_the_peace.shtml

The BOTP reference goes back to the 15th century when the law was first put onto the statute book. Anyway, that's just being picky (and no doubt incorrect somewhere along the way; I'm not a lawyer either!).

Avid_merrion, this link might provide a quick insight to what you may, or may not wish to do. I know it relates to e-mails, but the electronic aspect could be useful to you.

http://www.hamiltons-solicitors.co.uk/archive-docs/awkward-customers2.htm

As I recall, criminal libel is a libel which is not only defamatory, but contains reference to a criminal act, or could lead to such.

One thing I DO know (ahem) is that proving that the statement (which must be in permanent form) is true, is not enough in a criminal libel case; it ALSO must be shown that it was 'in the public interest' for the statement to be published.

if its on a website somewhere may a link would help all to assess if its libellous?

That *could* merely escalate the defamation.

I have a problem with a website publishing personal information about me and my business in order to damage me and my business name. This information includes my name, address and telephone numbers trading name and trading address etc

1. how can giving you free advertising be an offence?

2. how can it damage your business?

3. as youve already stated, you started it!

I think it must be irrelevant whether the OP started a business and offered a same or similar service without charge

Based on the information provided it seems to me that the other site owner has become disgruntled by a competitor seeing an opportunity and using it to their benefit.

I had previously thought that's what going into business is all about, although it would appear from some postings on this thread that I could be mistaken.

There was for example that student who sold advertising space on his website by the pixel and ever since then the world and its dog have been doing the same - it's not subject to copyright. On the basis of the information provided by the OP I would think the same rules apply to this case.

It may be worth speaking to Trading Standards always assuming that you can get through to them; they rarely if ever answer the phone and their ability to reply by email seems just as constrained.

from what i read into the OP posts, i think he tried to advertise his business on a competitors website, which to be fair would pee me off too.....

from what i read into the OP posts, i think he tried to advertise his business on a competitors website, which to be fair would pee me off too.....

This person methulsa is part of the website in question. They are continuing to find information about me and continuing to post my personal stuff on this website. Please can someone ban this member.

Also I have contacted the office of the information commissioner who is now taking over things.

Thanks for the help everyone and I would really appreciate it if someone could now close this thread as to stop yet more damage from these people.

Regards

We're going to close this because frankly we don't want to host a disagreement between two parties from another website. Please find somewhere else to do it.

Thanks.