Defamation Of Character?

[LewPaper]

If I receive a rude, offensive letter full of lies and innuendo that's merely a direct, uninterrupted communication from them to me but if that same letter was composed by them but typewritten by a third party who just happens to be a near neighbour of mine, could that be considered defamation of character?

[TWR]

How do you know for sure it's them? how do you know it was a near neighbour of yours? this could back fire if you started accusing them.

[ummmm]

Isn't this one of those scenarios that would be very very expensive to prove?

[woofgang]

It would be a civil, not a criminal matter and heard in the high court. Bringing a case would cost you much wonga with no guarantee of winning. If you win and get costs awarded then obviously those costs can only be recovered if the defendant has got the money. Best advice is unless you have lost megabucks over it, have got mega bucks to pursue it, are up for the risk of losing, and the person who did it has got mega mega bucks to cover your costs and pay you what the court may award you in damages then don’t bother.

[ummmm]

Thought so...

[woofgang]

We were there quite a few years ago now when an acquaintance came to our door shouting the odds and threatening to sue my late husband for defamation. We took some initial legal advice. The solicitor laughed (nicely) and said “is he rich? because if not don’t worry.” He explained as I have posted that, for most people, legal action on the basis of defamation is not a goer.

[ummmm]

It tends to be celebs 'v' newspapers.

[LewPaper]

I think some have answered a question I didn't ask. It wasn't a poison-pen letter neither am I after money. It was a simple question asking whether a letter from someone on company letter-headed paper and signed but typed by a near neighbour of mine could be considered slander.

[RATTER15]

No, Libel maybe.

[LewPaper]

Don't think it'd be libel - that's something that's been published or broadcast and heard or seen many loads of people. If anything I think it's slander - the equivalent to malicious gossip.

[fiction-factory]

The answer is that it could be. But I'm not sure where that takes you. I think most of the other posters were just saying the same thing

[hc4361]

Slander is spoken, so it certainly isn't that

[hc4361]

Is this near neighbour employed by the company to type letters?

[LewPaper]

Hiya HC. I think it's slander but whether it's slander or libel isn't the real issue. My question mentioned the word 'defamation', I don't know who changed it or why and yes, she's her secretary which is why I'm suspicious.

[hc4361]

If she is the secretary then she doesn't count as a third party for the purpose of defamation, she is simply doing her job.

[fiction-factory]

I'm not sure your question has been changed by anyone. Your original question has always said "defamation" and your post at 10:26 has always referred to 'slander'

( It was a simple question asking whether a letter from someone on company letter-headed paper and signed but typed by a near neighbour of mine could be considered slander.)

[LewPaper]

That's ridiculous HC. Yes she's doing her job but WHAT she's typing, although incorrect, stays in her memory, she's been influenced, her opinions could be changed and you reckon her boss should be absolved of any blame?

[jackthehat]

Why don't you write a letter of rebuttal?

The Secretary would get to read that, too....

[hc4361]

A company is a single legal entity and if the company has committed an offence it is the company that is pursued, not an individual of that company.

[LewPaper]

Oh dear HC. You do keep putting your foot in it don't you? Suppose one of the employees committed a murder - need I go on?
And no Jack. The letter would be addressed to that person; why would she show it to her secretary?

[hc4361]

I assume the murder would not be part of the murderer's duties, ordered by the company.

There is a bond of confidentiality between me and my GP but I have no doubt the medical secretary knows everything that happens during the consultations.