# lible/slander opinion please



## johnnyg (10 Dec 2009)

Hi,
i would like to get a legal opinion on the following:
Person A has made serious accusations about another person B, Person A will not engage with person B and will not discuss the matter or to disclose what Person A is actually telling other people. Person B has found out that these were being made by person A through another person. Person B has been unable to clear there name as Person A will not engage on the matter and wants to drop the matter now. Can person A get away with making such false claims.
What i would like to know is can people make accusations about another person, 1) without telling them but everyone else and 2) not willing to disclose to the affected person the nature of the accusations
This may seem a bit silly but there are serious false accusations being made and being circulated around freely by person A. Would there be a legal case for slander/ liable/malous to stop person A. I think the threat of legal action against person A would put a stop to this but i don't want to offer advice that is incorrect to person B.
Cheers


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## Leo (10 Dec 2009)

*Re: liable/slander opinion please*

Sounds like potential defamation to my untrained mind. Solicitor's letter might have the desired effect.


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## Brendan Burgess (10 Dec 2009)

*Re: liable/slander opinion please*

To be libel, it would have to be 

1) untrue 
2) damage the reputation of Person B in the mind of an ordinary person. 

The best defence, is that it is true. 

For slander, they would have to prove that Person A actually made the remarks. Person A could deny having made them. 

Person B will have to get evidence that Person A has said something defamatory about them. So Person C, D, or E will have to make a statement that Person A said that Person B "is a convicted criminal" for example. 

In general, it is better to ignore these things unless they are doing real damage to Person B e.g. causing people to shun him or preventing him from getting a job.


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## dereko1969 (10 Dec 2009)

*Re: liable/slander opinion please*

Does libel not have to be written?


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## johnnyg (10 Dec 2009)

*Re: liable/slander opinion please*

Well it is causing real damage to person B as people are shunning this person over the accusations its also damaging this persons reputation.

The only correspondance they have with person A is text and email stating that they do not want to discuss it and want to drop it and person be should move on. 

The accusations are untrue as i was present (and other people) when the alleged incident happened and nothing did happened.

I just think that person B needs to reply to person A and state that if this continues, person B would have a legal case against person A..what that is i don't know..


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## Brendan Burgess (10 Dec 2009)

*Re: liable/slander opinion please*



dereko1969 said:


> Does libel not have to be written?



Sorry, my post was not clear. 

Libel is , roughly speaking, written. 
Slander is spoken. 

The key practical difference, as in this case, is that B will have to prove it was said. In Libel cases, there is usually a newspaper article so that is not needed.

Brendan


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## Brendan Burgess (10 Dec 2009)

*Re: liable/slander opinion please*

I would not involve a solicitor at this stage.

I would send a registered letter informing them that what they said was untrue and if they repeat it, B will sue for defamation. 

 Many years ago, I had a disputed debt with someone arising from an involvement in a voluntary group. I was absolutely clear that there was no money due. The woman approached me in a pub and very publicly asked me when I was going to discharge my debts. I notified the bouncers that I was being hassled by a drunk woman. And then I sent a solicitor's letter to her about defamation. I withdrew my claim for defamation - they withdrew their claim for money due. 

Brendan


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## Padraigb (10 Dec 2009)

*Re: liable/slander opinion please*



Brendan said:


> Sorry, my post was not clear.
> 
> Libel is , roughly speaking, written.
> Slander is spoken. ...



A little less roughly speaking, libel is published and slander is communicated to particular identifiable people.

Words spoken on radio can be libel; written words in a letter can be slander.


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## onq (10 Dec 2009)

*Re: liable/slander opinion please*



johnnyg said:


> Hi,
> i would like to get a legal opinion on the following:
> Person A has made serious accusations about another person B, Person A will not engage with person B and will not discuss the matter or to disclose what Person A is actually telling other people. Person B has found out that these were being made by person A through another person. Person B has been unable to clear there name as Person A will not engage on the matter and wants to drop the matter now. Can person A get away with making such false claims.



You seem really upset about this - I know because you're asking silly questions. 
Of COURSE person A can get away with this - they have until now because person B has let them away with it.



> What i would like to know is can people make accusations about another person, 1) without telling them but everyone else and 2) not willing to disclose to the affected person the nature of the accusations


Yes, this is the essence of a slander and it appears that they have done this also.
BTW, insulting someone to that person's face is not a slander AFAIK - its abuse.


> This may seem a bit silly but there are serious false accusations being made and being circulated around freely by person A. Would there be a legal case for slander/ liable/malous to stop person A. I think the threat of legal action against person A would put a stop to this but i don't want to offer advice that is incorrect to person B.
> Cheers


Aha. Now you're starting to ask useful questions.

What you should have asked in the first instance is:
Is there anything person B can do to restore his reputation which person A appears to have slandered?

The answer is - Yes.

Here is the Defamation Act 2009

[broken link removed]

Here is a useful commentary by A&L Goodbody Solrs.

[broken link removed] 

Anyway HTH.

ONQ.


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## LS400 (10 Dec 2009)

If these accusations are false, and as you say people are taking notice of 
them, person B can hardly be content with just dropping the matter. Your friend B needs to take serious actions now, before it becomes to late.  If on the other hand there may be truth in them, well, maybe dropping the matter at this stage might be the only way. Your friend must decide and make a decision on the truthfulness of these accusations.


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## johnnyg (10 Dec 2009)

thanks for all the comments esp ONQ, thats great information..

LS400, Person B is a very quite and reserved person whose does not like causing hassel even if hurts there reputation..silly i know, thats why i want to show person B the options available.


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