Accusation made through a third party?

Tubberadora

If somebody accuses you of something but does it by means of a third party can is it worse.
I have been accused of causing an accident to MR A. I refute this totally. However the accusation came via a third party.

If they had accused me directly I would have been ok with it, but getting somebody else to do it is the thing that I take issue with.
The third party is not a solicitor or a representative of any sorts. It is a friend of MR A. He basically transcribed what Mr A wanted to say to me and sent it to me.
Would this constitute a defamation of my character by MR A relaying all the information, some of it quite personal to his friend?

coylemj

Could Mr. A claim that the third party made it all up and said what they said just to cause mischief and annoyance? That would in all probability be Mr. A's defence in a case of defamation.

Tubberadora

coylemj wrote: »

Could Mr. A claim that the third party made it all up and said what they said just to cause mischief and annoyance? That would in all probability be Mr. A's defence in a case of defamation.

There is no way the person that sent it to me on behalf of Mr A would have had the contact details it was sent to. And I do not know the person that sent it. Although yes I'm sure it could be claimed as it was not signed.
The thing I'm unhappy with is the third party knowing personal details of the incident.

Youngblood.III

Maybe get a solicitor to draw up a letter with "cease and desist" with the allocations...might scare them off.

Tubberadora

Youngblood.III wrote: »

Maybe get a solicitor to draw up a letter with "cease and desist" with the allocations...might scare them off.

would that cover the possibilities of future accusations to others? What would happen if Mr A didn't stop. I know he probably is talking, I've heard somethings said back to me, but now that I have it in writing I have proof.

Youngblood.III

Tubberadora wrote: »

would that cover the possibilities of future accusations to others? What would happen if Mr A didn't stop. I know he probably is talking, I've heard somethings said back to me, but now that I have it in writing I have proof.

To be fair, it's time to talk to a solicitor. Some citizens advice offices do a free legal advice clinic some evenings.

Acara

Youngblood.III wrote: »

To be fair, it's time to talk to a solicitor. Some citizens advice offices do a free legal advice clinic some evenings.

I also have false accusations written about me but through a solicitor and I have written back and refuted all the false allegations but no reply or apology. This has been going on for 10 years now. Would lies written about me and others in a solicitors letters constitute defamation?

coylemj

Acara wrote: »

Would lies written about me and others in a solicitors letters constitute defamation?

Highly unlikely. In theory you would be suing the client for going into the solicitor and making a false accusation but anything he says to his lawyer is off limits as far as a defamation action is concerned. I'm sure you're aware that in most countries, if you have a consultation with a lawyer, neither of you can be forced to divulge what was said.

In turn, the letter from the solicitor to you is simply making a statement of fact viz. "our client alleges that you did 'X''" which in a case of defamation would be covered by the defence of truth but as it was sent only to you, there can be no defamation.....

The tort of defamation involves the publication of a defamatory statement to one or more persons other than you so if someone writes you a letter accusing you of getting up to all sorts of skulduggery, there's really nothing you can do about it unless it's sent to a third party as well.

2) The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person), and “ defamation ” shall be construed accordingly.

http://www.irishstatutebook.ie/eli/2009/act/31/section/6/enacted/en/html#sec6

So you can't sue the client because you can't prove what he said to his solicitor and you can't sue the solicitor for writing the letter because it was sent to you alone.

Tubberadora

coylemj wrote: »

Highly unlikely. In theory you would be suing the client for going into the solicitor and making a false accusation but anything he says to his lawyer is off limits as far as a defamation action is concerned. I'm sure you're aware that in most countries, if you have a consultation with a lawyer, neither of you can be forced to divulge what was said.

In turn, the letter from the solicitor to you is simply making a statement of fact viz. "our client alleges that you did 'X''" which in a case of defamation would be covered by the defence of truth but as it was sent only to you, there can be no defamation.....

The tort of defamation involves the publication of a defamatory statement to one or more persons other than you so if someone writes you a letter accusing you of getting up to all sorts of skulduggery, there's really nothing you can do about it unless it's sent to a third party as well.

2) The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person), and “ defamation ” shall be construed accordingly.

http://www.irishstatutebook.ie/eli/2009/act/31/section/6/enacted/en/html#sec6

So you can't sue the client because you can't prove what he said to his solicitor and you can't sue the solicitor for writing the letter because it was sent to you alone.

if you applied that to my case above would it constitute defamation. If a person told a non professional to write a letter on his behalf to me. The person sending the letter only wrote what he was told but now he has this information and may pass it on as truth.

Pro Hoc Vice

Tubberadora wrote: »

if you applied that to my case above would it constitute defamation. If a person told a non professional to write a letter on his behalf to me. The person sending the letter only wrote what he was told but now he has this information and may pass it on as truth.

For something to be defamation in simple terms the statement must be untrue the statement must lower a person in the minds of other people and the statement must be communicated to a third person.

If all 3 are satisfied the person may still have a defence of qualified privilage example telling a Garda that person X stole something.

To be honest I'm not sure a person saying another caused an accident is defamation but it is a very fact specific tort and what maybe be defamation in relation to one person may not to another.

Tubberadora

Pro Hoc Vice wrote: »

For something to be defamation in simple terms the statement must be untrue the statement must lower a person in the minds of other people and the statement must be communicated to a third person.

If all 3 are satisfied the person may still have a defence of qualified privilage example telling a Garda that person X stole something.

To be honest I'm not sure a person saying another caused an accident is defamation but it is a very fact specific tort and what maybe be defamation in relation to one person may not to another.

All three seem to be satisfied. It was basically an email worded by MR A to me sent via a third party. It claimed that my actions had caused him stress which in turn led to a severe illness which may be life threatening. Now I do have sympathy for him but in no way did anything I do lead to his illness. He has made the person sending me the email aware of his views in order for that person to email me.
My own view is he is entitled to be of the opinion that I caused his illness if that is what is giving him solace but I want to nip this in the bud before he starts spreading his new found claim far and wide. Should I reply myself or would a solicitor be more appropriate in this case.

Fred Swanson

This post has been deleted.

Victor

Tubberadora wrote: »

He basically transcribed what Mr A wanted to say to me and sent it to me.

Is Mr. A literate?

Tubberadora

Victor wrote: »

Is Mr. A literate?

Yes but not computer literate.