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fraud-libel-slander

  • minxy1912
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23 Aug 12 #351470 by minxy1912
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Hiya, is there any one one here that can help me with a case of fraud, libel, or slander please??x

  • Fiona
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23 Aug 12 #351497 by Fiona
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You can''t sue for defamation (libel or slander) for anything said in court proceedings. People might have two versions of the same story but they may remember it differently, be mistaken or misinterpret rather than deliberately lie. A judge saying they do not accept one person''s evidence doesn''t amount to perjury which is a criminal offence. In any case it''s up to the authorities to prosecute perjury.

Suing for defamation for things said outside court proceedings is very costly and the general court rule that the unsuccessful party pays the successful party''s legal costs as well as their own applies. To be successful there needs to be factual evidence that what has been communicated is false and has damaged your reputation. One common example given is it wouldn''t be defamation to say Peter Succliffe hadn''t paid his TV licence, but it would be defamation to say the general director of BBC hadn''t paid his.

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24 Aug 12 #351627 by minxy1912
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Thanks fiona, what it is is,my ex new gf has forged a character reference which has been submitted to the family court. She has also slander me in the reference and at other salons which has affected my bizzness. My ex has also lied in his statement,some of which i can prove with the police reports. I don''t no who to go to to point this out?

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24 Aug 12 #351643 by u6c00
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Anything that''s said in statements or in court you can just state that it''s not accepted. As Fiona said, courts (especially family courts) aren''t likely to prosecute for perjury.

With regard to the slander which has affected your business, it''s possible to begin civil litigation, but I can virtually guarantee that it''s going to cost you more money than you get back and going to be long, exhausting and expensive. The burden of proof is on you: firstly to prove that the new gf has said anything, and secondly to prove that it has been detrimental to your business.

The police are unlikely to do anything about it because it''s going to be classed as a civil matter rather than a criminal matter.

Best thing to do is to ignore it. If it becomes impossible to ignore then perhaps the police might be able to construe it as harassment. Alternatively if you have proof then get a solicitor to write that you will begin civil proceedings and request an order for costs (but be aware that it''s going to be a bluff, it''s not in your interest to start civil proceedings!)

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24 Aug 12 #351751 by minxy1912
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thanks u6, so you both think i should just write to the court and tell them what she done so they wipe it from his statement?

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24 Aug 12 #351754 by u6c00
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It won''t be wiped from his statement, but if you get to file a response statement and there are glaringly obvious things in there then you could put it in your statement.

If you don''t get to file a response then just make some notes and give it to your barrister who will say whether he thinks it''s relevant and decide whether to pursue it in cross examination or not.

I don''t think it''s worth you writing to the court at this point unless you have leave to file a statement in response

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24 Aug 12 #351782 by minxy1912
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i ve been told that they dont want a response, and i represent myself... where do i g from here?

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