Can I Get Legal Aid Help To Fight A Slander Case Being Brought Against Me?

[RATTER15]

It appears my ex employer is suing me for slander, can I get legal aid help to fight this? apart from the financial aspect, does legal aid cover defending slander cases?

I will be seeking legal assistance later today, I was just wondering if you guys have any such knowledge.

[EDDIE51]

Reading more I can say that in my opinion the employer does not have a hope of actually suing you . As I said it is VERY expensive, they will need at least the £100,000 I said to prepare a case, it works both ways a win win situation for the lawyers. They need to be able PROVE what you said was untrue and that it caused them loss. It's just the employer getting angry over what you said about them, which knowing you, will be the truth
that they do not want to hear!
As woofgang says, if they go to a solicitor he/she will laugh at them!

[bhg481]

//if they go to a solicitor he/she will laugh at them// and probably charge him for the priviledge.

[hc4361]

I agree with Eddie. It is quite laughable especially because the case would attract far more attention to your comments and identify him and his care home than it stands at the moment.

If he telephones you again, tell him you will welcome any court action because it will prove you wrote the truth and also that if he makes any more abusive and/or threatening phone calls to you, you will report him to police for harassment.

[Tilly2]

It's even more laughable that he doesn't know what he's actually 'suing' you for.

[hc4361]

If possible record any future phone calls but I doubt you'll be hearing from him again. He is an idiot

[RATTER15]

Eddie. "They need to be able PROVE what you said was untrue and that it caused them loss"

or do I need to prove that what I said was true?

[Jackdaw33]

The principal difference between slander and libel, apart from one being spoken and the other written is that in the former you need to prove some kind of loss as a result.

[hc4361]

You need to prove that what you said was true, or 'fair comment'.

The claimant only needs to show that you wrote the words.

[hc4361]

From my link, above:

Laws are biased towards the claimant
Libel cases are easy to bring, but difficult to defend. Claimants do not need to show that what has been
communicated is false or damaging for a case to proceed; instead the burden of proof rests with the
defendant to show their words are defensible

[RATTER15]

It would be almost impossible to prove what I said was true, the only witnesses would be the staff, loyal to the home and the manager out of fear of losing their jobs and much of what was said reflects very badly on them as well.

[hc4361]

Am I right in thinking you have worked at more than one care home?

[RATTER15]

At the end of the day they cannot take what I don't have, so let them proceed!

[RATTER15]

Yes I have worked in other homes and I am a known "whistle blower" because I don't stand and ignore what I witness.

[hc4361]

Your ex-employer does not know you were referring to his care home and in any case you have the defence of 'justified comment'. You related what you saw with your own eyes without exaggeration or spite.

Did you report the care home to the relevant authorities?

[RATTER15]

hc4361 "Did, you report the care home to the relevant authorities?" Yes I did, they said they will raise the issues at their next inspection.

To be honest there is not a lot they can do, the staff will lie to protect their jobs, and neglect and abuse of this kind is not usually on show for all to see. However The GP has witnessed it and has told that she is now refusing to visit the home and passed the home over to another GP in the practice.

[hc4361]

Don't worry at all. As I said earlier, if he calls again tell him you can't wait to tell of your experiences to a court and that you will report him to the police if he continues to harass or threaten you.

[murraymints]

ratter..just ignore him and he will slink back off..nothing to worry about in my opinion..

[RATTER15]

Thanks everybody, I wasn't taking his rantings too seriously but I thought I would ask for some opinions just in case.

[EDDIE51]

Ratter, You do not have to prove what you said is true. It is up them, the care home company, to PROVE is it untrue and that it caused them a loss.
A vital difference!
As said, if they are sufficiently stupid to take court action there will be a very deep and searching investigation of the care home and it's conditions to discover the true facts, I will bet they do not want that to happen!

[hc4361]

Sorry, Eddie, if you are in England or Wales it is the other way round. See my post at 11.13 and the relevant link on page 1