Another Solicitor sharing info with client query

Taboola

Looking for help on this matter.

Person A has been stalking and directing online abuse at person B sporadically for 3-4 years. Gardai have been notified but they are powerless to do anything.

Person B starts tweeting about the experience.

Person A has indicated they will be taking legal action for defamation. They know Person B's parents address and work address (from stalking them).

Person B owns a house. Can a solicitor find out person B's home address? If so, would they pass on this address to Person A?

GerardKeating

Any person (even a non-solicitor) could do some research/stalking and eventually find out Person-B's home address and supply it to Person-A.

Peregrinus

It's generally fairly easy to find a person's address. You don't need to retain a solicitor to do it, and solicitors wouldn't have any particular expertise in doing it.

the_syco

Person A hires a PI to find person B's house. Not exactly rocket science.

Peregrinus

the_syco wrote: »

Person A hires a PI to find person B's house. Not exactly rocket science.

Or finds it by stalking person B, just like they have already found person B's parents' address.

Or finds it by asking around, which is what most of us would do if we needed to know someone's address.

Taboola

Thanks for the replies.

I am aware that Person A could hire a PI and continue stalking Person B. Person B got advice from the Gardai about how not make it easy for Person A to find them.

1. Person B has no documentation other than title deeds to the house showing that they live there.
2. They live in a row of houses that have back entrances down an enclosed lane. Person A could know where the house is from following person B but because Person B doesn't ever enter the front of the house, it would be hard to ascertain which house Person B lives in without calling to the front door and having Person B answer the door.
3. No post is delivered to Person B at this address either.

If Person A goes forward with the defamation claim, and a solicitor can look up title deeds, or even they did hire a PI to find Person B, would they then pass on the address to Person A?

Peregrinus

Oh, Person B is trying to avoid service of proceedings.

If you have proceeding to serve, you will easily find out where someone lives. The guards will be co-operative, for one thing. While you're not obliged to co-operate to make things easy for people to serve proceedings on you, the public interest is generally served by the efficient administration of justice, so the guards will help the person trying to serve proceedings rather than the person trying to avoid service.

In any event, if Person B does succeed in keeping his address from Person A, Person A can get the court to approve an alternative method of service - service at the parents' address (which Person A already knows) or at Person B's workplace, or wherever. Again, the courts will co-operate; they don't like court processes being frustrated by evasive action.

Person B should assume that, if Person A is serious about issuing proceedings, lack of knowledge of Person B's residential address will not impede this.

Pat Mustard

Taboola wrote: »

If Person A goes forward with the defamation claim, and a solicitor can look up title deeds, or even they did hire a PI to find Person B, would they then pass on the address to Person A?

If A is bringing defamation proceedings, then he or she needs to remember the statutory limitation period of 12 months (to bring proceedings of this nature, generally) and take immediate legal advice in that regard.

Furthermore, once instructions are given to the solicitor, service of proceedings becomes the solicitor's problem, which should be a load off the Plaintiff (A).

Peregrinus

Taboola wrote: »

If Person A goes forward with the defamation claim, and a solicitor can look up title deeds, or even they did hire a PI to find Person B, would they then pass on the address to Person A?

The answer to this specific question: yes. Person A's solicitor acts for Person A. He obtains this information on behalf of Person A, and will not keep it from Person A. Why would he?

One way to avoid the problem is for Person B to appoint a solicitor to represent him and have that solicitor contact Person A, or Person A's solicitor, saying that they are authorised to accept service of proceedings on Person B's behalf. That way neither Person A nor his solicitor need to know where Person B lives in order to progress the matter.

Taboola

Peregrinus wrote: »

Oh, Person B is trying to avoid service of proceedings.

Person B isn't necessarily trying to avoid them but would ignore anything that went to their parent's address as they don't live there. The claims are laughable.

Person A created a website called 'PersonBisAFraud.com'. They posted information (including Person B's parent's address which she believed to be Person B's address), Person B's mobile number, abuse about Person B etc.

Person A registered the website in their own name using their own home address. Person B took screenshots of the website along with the registered domain owner and posted it on twitter. This is what Person A is claiming is defamation.

Peregrinus wrote: »

The answer to this specific question: yes. Person A's solicitor acts for Person A. He obtains this information on behalf of Person A, and will not keep it from Person A. Why would he?

From Person B's point of view, they feel like if Person A knew where they lived even more online abuse could be directed at them and possibly harm could come to them. Person B's parent's house has had damage done to the cars in the drive. Now, it's very hard to prove that Person A had anything to do with it and CCTV has been put in since, but it is a concern to them.

Peregrinus wrote: »

One way to avoid the problem is for Person B to appoint a solicitor to represent him and have that solicitor contact Person A, or Person A's solicitor, saying that they are authorised to accept service of proceedings on Person B's behalf. That way neither Person A nor his solicitor need to know where Person B lives in order to progress the matter.

This is a good idea. However, Person B wouldn't know who Person A's solicitor is until they received something from them.

Person A doesn't want to make a harassment claim (Which their solicitor has advised them they are perfectly entitled to do) because it's a civil issue, would cost roughly 5k, they may never receive any of that money back (Person A doesn't have a job), and it may never stop Person A doing what they are doing.

Peregrinus

Taboola wrote: »

Person B isn't necessarily trying to avoid them but would ignore anything that went to their parent's address as they don't live there. The claims are laughable.

The claims may be laughable, but if you ignore the proceedings how is the court ever going to know that? Don't ignore proceedings in which you are a defendant. That never ends well.

Taboola wrote: »

From Person B's point of view, they feel like if Person A knew where they lived even more online abuse could be directed at them and possibly harm could come to them. Person B's parent's house has had damage done to the cars in the drive. Now, it's very hard to prove that Person A had anything to do with it and CCTV has been put in since, but it is a concern to them.

I completely get why Person B would not wish Person A to know where they lived, but your question was "might Person A find out?". And the answer is "yes".

Taboola wrote: »

This is a good idea. However, Person B wouldn't know who Person A's solicitor is until they received something from them.

Well, Person B's solicitor can send this directly to Person A.

Taboola wrote: »

Person A doesn't want to make a harassment claim (Which their solicitor has advised them they are perfectly entitled to do) because it's a civil issue, would cost roughly 5k, they may never receive any of that money back (Person A doesn't have a job), and it may never stop Person A doing what they are doing.

The likelihood is that Person A will never issue proceedings. Defamation proceedings are ruinously expensive to run; from your account Person A cannot afford it. Plus, Person A will find it difficult to get a solicitor to act for them if (a) Person A has no money, and (b) the facts are as you say. The chances of Person A's solicitor ever being paid for their work are remote, and any solicitor approached to act for Person A will spot that immediately.

Forget the proceedings. Proceedings or no proceedings, the concern is that Person A might find out where Person B lives, and continue their campaign of harassment at Person B's home. Yes, this can happen. It can happen whether or not Person A ever issues proceedings.

minikin

Does Person B owe Person A (or someone connected to them) money?
If they do - I would advise Person B to pay up and move on with their life.

Taboola

Thank you Peregrinus, that was very helpful.

minikin wrote: »

Does Person B owe Person A (or someone connected to them) money?
If they do - I would advise Person B to pay up and move on with their life.

A parent of Person B's child (who they are no longer in a relationship with) is Person A's ex-partner. Person A was in a relationship with 'the parent' for a year which had ended 10 years before Person B met 'the parent'.

It has nothing got to do with money.

Goat the dote

Why are the Gardai powerless to do anything against person A?

Taboola

Goat the dote wrote: »

Why are the Gardai powerless to do anything against person A?

The harassment is not frequent enough, it can be very vague so that only Person B know's what it means and proving that it's Person A behind the website (even though it's registered to them) can be quite difficult.

The biggest mistake Person B made was changing her number immediately when Person A got it. If they had kept the number the Gardai would have been able to do something.