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Defamation and discrimation

  • 27-02-2013 9:04pm
    #1
    Registered Users, Registered Users 2 Posts: 174 ✭✭


    How much does it cost to take a defamation action against someone or parties when you have clear evidence of the issue, the damage and attempted cover up

    The abused party is not as big or a flush as the other but has pretty compelling evidence along with proof of collusion

    Edit..of the spelling!!! how can i change it


Comments

  • Registered Users, Registered Users 2 Posts: 174 ✭✭merlynthewizard


    how do you edit a title


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Its completely a "how long is a piece of string" question.

    You will still be talking about a possible High Court trial, so in the tens of thousands. But if tthe evidence is so conclusive it might be worth shopping around solicitors and showing them the footage and see if they think it is conclusive and then discussing fees or the possibility of a no foal no fee case. Or the damages could be in the Circuit Court jurisdiction which will be cheaper costs but still noteworthy.


  • Registered Users, Registered Users 2 Posts: 174 ✭✭merlynthewizard


    How much is the costs...is no foe no win the same as no win no fee


  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Defamation doesn't fall into the same category as a workplace or motor accident and solicitors operating on a 'no foal, no fee' basis where in most cases it's just a case of how much compensation, not who's at fault.

    With defamation, the identity of the would-be defendant and especially the depth of their pockets is a major consideration. I very much doubt that any lawyer would take on a case of defamation on a 'no win, no fee' basis against a national newspaper or TV station because they tend to defend with heavy artillery, purely to deter frivolous and vexatious chancers looking for a quick buck,


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Agree with the above. If you are seriously considering defamation then you should be speaking to a solicitor straight away, lots of them will do a free consultation.


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  • Registered Users, Registered Users 2 Posts: 174 ✭✭merlynthewizard


    I have, he said they have do some much wrong it's not funny. I'm just thinking figures, they are banking on me not having the costs. This is leading me to a nervous breakdown, I've lost pretty much all faith in people and am ceasing to function properly.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Well, as a rough guide:

    Circuit Court costs will likely be in the thousands. High Court costs will likely be in the tens of thousands. It will be High Court if you claim more that 50,000 in damages.

    The winner usually gets their costs paid in full. If you claim 55,000 and the court awards you 45,000, you will get a cost penalty for bringing the action in the HC when the CC would have sufficed. You will have to pay the other sides HC fees for anything over the CC amount. This is all stuff your legal team will consider when making a decision.

    There is always a risk you might lose, I have no idea how strong your case is. Perhaps go see a different solicitor to see if they can shed some light or ask for a meeting with a Barrister who does defamation and decide from there. The cost of a meeting wont be high.


  • Registered Users, Registered Users 2 Posts: 174 ✭✭merlynthewizard


    I just want an apology


  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    I just want an apology

    Can you go to the Press Council?


  • Registered Users, Registered Users 2 Posts: 27,086 ✭✭✭✭Peregrinus


    Defamation actions are generally very, very expensive. They really are a luxury availabe only to the indecently rich.


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  • Registered Users, Registered Users 2 Posts: 174 ✭✭merlynthewizard


    Peregrinus wrote: »
    Defamation actions are generally very, very expensive. They really are a luxury availabe only to the indecently rich.

    Yeah but it's an harassment issue too and if I do nothing I fear for my health....this stress could kill me


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Peregrinus wrote: »
    Defamation actions are generally very, very expensive. They really are a luxury availabe only to the indecently rich.

    I know of Defamation actions taken on a no win no fee. If a solicitor believes its a good case its worth taking the risk. If the plaintiff is a man of straw and does not win the case any cost order against him has little value.


  • Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    Yeah but it's an harassment issue too and if I do nothing I fear for my health....this stress could kill me

    But yet you just want an apology?

    How do you know it fits the bill of defamation?


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