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Defamation of character "How can I sue without losing money?"

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kingfisher2100

New Member
Hello, I wonder if anyone knows anything about this. My employer made inaccurate and defamatory comments about me in an email to all my ex-colleagues. It used language which inaccurately suggested I'd been 'found guilty of charges' after a disciplinary hearing. I think it's a stone cold libel case, but the first no-win, no-fee firm I contacted said I'd need to pay a £1,000 fee up front. I also think that in the case of no-win, you can end up liable for the other party's costs. Are there any firms out there who'll take punts on a larger slice of the winnings in exchange for covering costs in the event of a loss? I'd go for a very small cut of the pie, just to make the ------- pay for what he said. I'm sure there's someone out there who's been in a similar situation, or who knows the right firm for this.
Thanks in advance.
 
kingfisher2100 said:
Hello, I wonder if anyone knows anything about this. My employer made inaccurate and defamatory comments about me in an email to all my ex-colleagues. It used language which inaccurately suggested I'd been 'found guilty of charges' after a disciplinary hearing. I think it's a stone cold libel case, but the first no-win, no-fee firm I contacted said I'd need to pay a £1,000 fee up front. I also think that in the case of no-win, you can end up liable for the other party's costs. Are there any firms out there who'll take punts on a larger slice of the winnings in exchange for covering costs in the event of a loss? I'd go for a very small cut of the pie, just to make the ------- pay for what he said. I'm sure there's someone out there who's been in a similar situation, or who knows the right firm for this.
Thanks in advance.
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if as your post suggests your employer has dispensed with your former colleagues' services while retaining yours, that is a vote of confidence in you
 
Seek advice from a specialist legal firm, not from a bulletin board. Cases can appear similar but be very different. What could help is obtaining any information your employer kept on you. Ask for a copy of all information held on you under the data protection act 1998. also do you have a copy of this email?
 
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Defamation is a very, very tricky thing to pursue, even in stone cold cases. I had some bunch of shitehawks post some seriously defamatory material about me. In the end I've decided to post up the truth of the matter and point out what a bunch of lying scumbags they are. And if they want to take me to court over it: bring it on!
 
You need to demonstrate that your reputation has a value. Do you work in a small or specialised industry where this sort of thing matters?
 
equationgirl said:
Seek advice from a specialist legal firm, not from a bulletin board. Cases can appear similar but be very different. What could help is obtaining any information your employer kept on you. Ask for a copy of all information held on you under the data protection act 1998. also do you have a copy this email?
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Yes. I got the email, and tons of other stuff, through Freedom of Info (DP and SAR)- including emails which showed the strong, negative reaction from other people in the organisation to what he'd said. Gave a definite sense that they felt he'd made a big mistake. I'll go through the google list of law firms today. I was just a bit put off by the first firm saying they'd need a grand just to look at it.
 
editor said:
Defamation is a very, very tricky thing to pursue, even in stone cold cases. I had some bunch of shitehawks post some seriously defamatory material about me. In the end I've decided to post up the truth of the matter and point out what a bunch of lying scumbags they are. And if they want to take me to court over it: bring it on!
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Thank you, Editor. That day may come, but I'm going for dignified silence and 'following the process' at the moment!
 
Can't help but good luck.

Alternatively can you try for constructive dismissal or an employment tribunal?
 
teaching union ? (one of which is being very useful for my OH who has just had DBS renewal probs - long story, resolving in our favour)
talking of dbs, kingfisher2100 , is the matter you are talking about likely to show up in the enhanced dbs ? or is it totally provable as malicious allegations ? (don't need to share the details, for obv reasons)
if no to the first and yes to the second - then, IMO (but I'm not a lawyer) a sworn statement from a suitable referee should be sufficient proof for another LEA ... and outweigh the email you mention.
 
As with all employment related legal matters, are you in a union and if so contact them.

(As a side note, as a teacher if you're not in a union why not)

Most unions won't support defamation claims as a matter of course but they may at least obtain some initial advice on the merits of a potential claim and costs/risks/benefits of one. They may also provide practical assistance, eg writing to your ex employer to seek a retraction and apology.
 
kingfisher2100 said:
Hello, I wonder if anyone knows anything about this. My employer made inaccurate and defamatory comments about me in an email to all my ex-colleagues. It used language which inaccurately suggested I'd been 'found guilty of charges' after a disciplinary hearing. I think it's a stone cold libel case, but the first no-win, no-fee firm I contacted said I'd need to pay a £1,000 fee up front. I also think that in the case of no-win, you can end up liable for the other party's costs. Are there any firms out there who'll take punts on a larger slice of the winnings in exchange for covering costs in the event of a loss? I'd go for a very small cut of the pie, just to make the ------- pay for what he said. I'm sure there's someone out there who's been in a similar situation, or who knows the right firm for this.
Thanks in advance.
Click to expand...
grabbit and runn
 
Spark said:
As with all employment related legal matters, are you in a union and if so contact them.

(As a side note, as a teacher if you're not in a union why not)

Most unions won't support defamation claims as a matter of course but they may at least obtain some initial advice on the merits of a potential claim and costs/risks/benefits of one. They may also provide practical assistance, eg writing to your ex employer to seek a retraction and apology.
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^^ Echo this

Whilst the union may not be able to take on the case, its more than likely that they've got a good law firm who does deal with this and possibly an agreement for reduced fees etc.
 
sim667 said:
^^ Echo this

Whilst the union may not be able to take on the case, its more than likely that they've got a good law firm who does deal with this and possibly an agreement for reduced fees etc.
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Yes they'll probably have access to advice. Unlikely to have an arrangement in place for reduced fees (although I'm not familiar with teaching unions).

Getting advice though is in my view the key point so you actually know what the legal position is.
 
Again, contact your union. Your membership will almost certainly include free initial legal advice from their retained law firm, so that you can get some idea of the chance of success. Also, all unions have law firms they can recommend who will take on cases on a conditional fee basis. They will only do so, however, if they think they may win, or if the union is underwriting them.

As others have said, defamation cases are very difficult to prove, because you have to demonstrate that the falsehoods have damaged you in some way, and that they were deliberately and knowingly false.

If you are not in a union, then you really should be, and I am not prepared to hand over the names of any of the law firms I deal with, all of whom are union law firms.
 
unless you enjoy eating no frill baked beans for Christmas dinner i would just let it drop from the legal side. however if what yo are saying is factually true then i would plaster it all over the internets and relevant bulletin boards for your profession and smear their reputation.

the legal route simply isnt worth it unless you have suffered a significant financial loss

also if you were sacked as a result or it was a significant infuencer on your dismissal then go to tribunal
 
Spark said:
As with all employment related legal matters, are you in a union and if so contact them.

(As a side note, as a teacher if you're not in a union why not)

Most unions won't support defamation claims as a matter of course but they may at least obtain some initial advice on the merits of a potential claim and costs/risks/benefits of one. They may also provide practical assistance, eg writing to your ex employer to seek a retraction and apology.
Click to expand...
NUJ weren't much help for me.
 
Spark said:
Yes they'll probably have access to advice. Unlikely to have an arrangement in place for reduced fees (although I'm not familiar with teaching unions).

Getting advice though is in my view the key point so you actually know what the legal position is.
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When I was a teacher UCU had all sorts of agreements for discounts on things from solicitors through to home insurance.

Asking can't hurt
 
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May i recommend this solicitor?
They will happily write a letter on request, fail to put it on their firm's books or records, and will not ask you what the defamatory claims are :)



The complainant may have also been responsible for me being wrongfully arrested under the mental health act and detained in police cells in March 2013. Because he has used the firm round the corner from my house to issue legal threats, i am unable to ask them to represent me to sue the police, afaik.


Which is annoying
 
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Just in case their info is covered in coffee stains.. Here is their bio from the firm. I realise they are not a defamation lawyer, but what's that between friends? :)


0113 284 5000
Ciaran Conaghan
Legal Executive

ciaran.conaghan@harrisonbundey.co.uk

0113 200 7410
Location: Chapeltown
Services:
Criminal Law
Ciaran is the perfect representative for any police enquiry as he is so experienced, respected and well known.

Ciaran is a Fellow of the Institute of Legal Executives, and has spent the last 14 years practising in criminal law, He is an Accredited Police Station Representative, and has now represented hundreds of people at the Police Station on a huge variety of cases from shop theft to murder.

Ciaran is a Senior and valued member of our team, providing training on a regular basis in relation to the law and the many changes affecting all areas of the criminal justice system, and in particular the law relating to the Police and treatment of clients at the Police Station.

Ciaran’s encyclopaedic knowledge of the Police and Criminal Evidence Acts and Codes of Practice, ensures that he and his colleagues successfully challenge the actions and abuses of the Police, wherever necessary – and sadly not infrequently. This has, in recent years, involved a successful High Court Challenge benefiting dozens of clients, as well as others, receiving awards of compensation for wrongful imprisonment.

Notable Cases
R –v- G – successful High Court Challenge – identifying the unlawful detention of people at Police Stations, throughout West Yorkshire and beyond. This action resulted in the Government changing the law! This was not before our firm was able to effect a large number of successful compensation claims by clients and others.

Tim Wilson
The Leeds Law Firm
© Ison Harrison Ltd - 2015 - All Rights Reserved




Good luck OP! if you have any anarcho/activist connections, Ciaran is your go to man!
 
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sim667 said:
When I was a teacher UCU had all sorts of agreements for discounts on things from solicitors through to home insurance.

Asking can't hurt
Click to expand...
Ok, I was thinking of in a litigation context. Lots of unions have schemes in place for things like conveyancing and will drafting services at reduced rates, where the cost is pretty predictable and the service clearly defined. I'm not aware of any unions that have a similar arrangements for litigation.
 
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