Small Claims Court process and prospects

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    #31
    Thanks for the info jghomer. That is more than I was expecting.

    Maybe I'll just take out a personal vendetta over social media to ensure that everyone knows the truth.

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      #32
      Social media (twitter and Facebook) are essentially publications,
      so there is a risk of attracting a libel suit if you "print" anything defamatory.

      Proving it's true (even if it is) can be very costly.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #33
        From my A-level law I believe that if what is in print is your 'true and honest opinion' then it cannot be libellous. From what I've seen on their social networking pages there's not a lot to go on anyway.

        Never thought this thread would get onto this point of law

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          #34
          Two points:
          Proving something isn't libellous in the UK is probably ruinous for most people - although there are some new rules that help.

          If you make an assertion it has to be true, not merely your opinion, however honestly you believe it.
          An opinion, since the Defamation Act 2013 has to be clearly an opinion.
          Mr Smith is a thief is probably libellous (if he isn't), I think that Mr Smith may be a thief probably isn't, nowadays.

          There also has to be serious harm (but no one's really tested what that means yet);
          probably calling some estate agents no longer in business names would be below that threshold.
          Last edited by jpkeates; 15-07-2014, 17:21 PM. Reason: Hit post too soon
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #35
            Interesting stuff JP. Finished my A-levels way before 2013 so no wonder I'm behind on the times

            Just checked the charges and see that there's quite a jump in fees from £5000 to £5001. I could actually just claim for the unpaid rent and sundries and keep it below £5000 so it is a consideration.

            Cheers for all your help everyone.

            Oh, one last question, when you go to DPS and make a claim against a deposit do you REALLY have to get your letter signed off by a solicitor? Seems a bit harsh

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