Defamation

[sadbrewer 20]

18 hours ago, El Cid said:

I would be prepared to pay somewhere in the region of £500, but I dont think that would be enough for a court case.

I emailed a solicitor a few days ago and they havnt got back to me, either they are very busy or they have laughed it off.

One thing to bear in mind is that if the Cllr has used his/her Council account to make the comment. the Council's Legal Officer's will be defending the case, if the comment has been made from a private account you can take action against the person. I'm not passing comment on the rights and wrongs of your case but tbh you're wasting your time, if the person you wish to make a case against is prepared to defend it you'll be looking at thousands in legal costs with no guarantee of winning.

[El Cid 220]

On 28/11/2021 at 11:49, sadbrewer said:

One thing to bear in mind is that if the Cllr has used his/her Council account to make the comment. the Council's Legal Officer's will be defending the case, if the comment has been made from a private account you can take action against the person. I'm not passing comment on the rights and wrongs of your case but tbh you're wasting your time, if the person you wish to make a case against is prepared to defend it you'll be looking at thousands in legal costs with no guarantee of winning.

I havnt had a reply from the solicitor,a friend said he dealt with the same solicitor and his issue took weeks to resolve. He just wanted a legal letter.

That may be what I should do, get them to write a letter on my behalf.

I am writting a complaint to the council. She is alledging malicious communication. There are strict ways that this type of complaint should be dealt with. Her correct course of action would have been to imform the council and the police.

[ECCOnoob 1,043]

12 minutes ago, West 77 said:

Get a life.  Solicitors earn a fortune by taking a long time to deal with correspondence. 

Yeah course they do.

 

In fact one of my favourite things to do is typing my own letters with one finger just a really drag out the time recording...... 🙄.  

[El Cid 220]

On 30/11/2021 at 18:59, ECCOnoob said:

Yeah course they do.

 

In fact one of my favourite things to do is typing my own letters with one finger just a really drag out the time recording...... 🙄.  

I have had a response from the council complaints department, he was hoping the complaint would be resolved quickly, at the first stage, but not so.

A complaint of malicious communication is one that you can go to jail for, so its a serious matter.

The councils rules must be followed, the harrasment of a female representative is a serious one these days. How will she get out of alledging a serious crime that could involve jail time?

I will be happy if its investigated by the police, that may be what the council want, unless of course she admits to making it up.

[Findlay 116]

It is hard for people in office to prosecute for such things as they have support and training to deal with abuse.

If anyone has been warned and continued with the abuse then there will be evidence as such and will be brought to that persons attention.

If you do need a solicitor then it shouldn't cost no more than £800 and you will get most of it back if you win.

[El Cid 220]

17 minutes ago, Findlay said:

It is hard for people in office to prosecute for such things as they have support and training to deal with abuse.

If anyone has been warned and continued with the abuse then there will be evidence as such and will be brought to that persons attention.

If you do need a solicitor then it shouldn't cost no more than £800 and you will get most of it back if you win.

At first I looked upon this as deformation and imposible for me to address. But councillors should follow rules if they receive daily abuse, those sending the abuse can get jail time.

So I expect a very embarrasing retraction or a police investigation, I am happy with either.

[crookesey 635]

38 minutes ago, El Cid said:

At first I looked upon this as deformation and imposible for me to address. But councillors should follow rules if they receive daily abuse, those sending the abuse can get jail time.

So I expect a very embarrasing retraction or a police investigation, I am happy with either.

Shouldn’t you be able to recover any costs incurred plus a prescribed hourly rate (up to a maximum) for your time if she retracts? I suggest that you check this out, good luck.

[El Cid 220]

On 26/12/2021 at 14:25, crookesey said:

Shouldn’t you be able to recover any costs incurred plus a prescribed hourly rate (up to a maximum) for your time if she retracts? I suggest that you check this out, good luck.

The solicitor never responded to my email, so I went with the council complaints department.

Their responce was that the councillor regrets saying it, so its accepted that the message was sent, she did not follow council procedures, she is to be sent on a training course.

I received no oppology or anything, I think that is poor, to be accused of something that carries a 12 months jail sentence.

[crookesey 635]

14 minutes ago, El Cid said:

The solicitor never responded to my email, so I went with the council complaints department.

Their responce was that the councillor regrets saying it, so its accepted that the message was sent, she did not follow council procedures, she is to be sent on a training course.

I received no oppology or anything, I think that is poor, to be accused of something that carries a 12 months jail sentence.

Don’t let it go, try legal aid, at least you should get an opinion.

[HeHasRisen 3,403]

Legal Aid for what? If the OP thinks its a malicious communication, contact the Police. He certainly wont get Legal Aid to sue as you cant get Legal aid for libel/slander cases.

[Waldo 96]

35 minutes ago, El Cid said:

The solicitor never responded to my email, so I went with the council complaints department.

Their responce was that the councillor regrets saying it, so its accepted that the message was sent, she did not follow council procedures, she is to be sent on a training course.

I received no oppology or anything, I think that is poor, to be accused of something that carries a 12 months jail sentence.

Have you expressed your grievance to the complaints dept. and that you’re not satisfied with their response, lack of apology etc.

 

It does seem like you have made some progress at least. Best of luck getting satisfaction El Cid.