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Online truthful reviews and defamation?

  • 17-03-2018 10:45am
    #1
    Registered Users, Registered Users 2 Posts: 733 ✭✭✭


    Engineering company left our house in a mess. The renovation didn't, visibly, and on opening up works, comply with building regulations. It was structurally unsound and also unsafe after the building works. Certification was given which was false, stated it was compliant when from a visual inspection it wasn't. Certs given for radon and pyrite when there was no radon barrier, and the foundations were filled with rubble, so no pyrite. Disciplinary hearing and principal engineer, who was named in review, recommended to his Disciplinary Body Council for suspension for 6 months. Decision of Disciplinary Board in black and white. 4 reports - 3 by a Chartered Enginer and 1 by a surveyor to back up engineer's negligence and incompetence. Engineer's solicitors are threatening to sue for defamation if post not taken down - everything stated in the post can be backed up by written evidence - are we being bullied??


Comments

  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Where is the post? An engineer review site?

    Solicitors can threaten you to do a lot of things, now if they believe they actually have a case and will proceed is a different thing altogether


  • Registered Users, Registered Users 2 Posts: 733 ✭✭✭Hannaho


    The review is on the engineer's google review that comes with their website. It is completely true. The remedial work on our house was 80k. Our has has been devalued because of what happened. The attic conversation was unsafe and had to have extra supports. Our roof fell in as the right supports and timbers weren't used - the engineer designed it, and obviously didn't check it half way through before closing up, he paid 9 visits to the property. His fee was 15k. The case is going to the High Court. He made mistakes in planning and we had to apply for retention - the list is endless! Can you explain why his solicitors are threatening this??


  • Registered Users, Registered Users 2 Posts: 1,586 ✭✭✭denismc


    Well if it is going to the High Court then it's going to become public knowledge pretty quick so from what you say the guy is screwed.
    As for the solicitor, maybe get legal advise from your own solicitors.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Like I said solicitors can threaten all day long but if they can legally do something is another matter.

    If what you say is true and you have proof then they are just trying to scare you


  • Registered Users, Registered Users 2 Posts: 733 ✭✭✭Hannaho


    Yes, I have four reports from two expert witnesses that the engineer was extremely negligent. They are all wiling to testify in Court.


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    As you have a case pending, you obviously have a solicitor who will advise you on matter raised.
    Leaving open for general discussio subject to forum rule on legal advice


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Solicitors can not only threaten to issue defamation proceedings on behalf of their clients; they can actually issue them. They may not ultimately succeed in the proceedings, but they can still cost you a lot of time, money and grief.

    When you put up a review like this, which is damaging to someone’s professional reputation and affects their ability to earn a living, how do you expect them to react? Of course they have to do something about it, and threatening to sue you (and, if necessary, actually suing you) is a fairly obvious thing to do.

    If you have the stomach for litigation with theses people, you do not want it to be as the defendant in a defamation action. You want it to be as plaintiff in a negligence action. Tactically, that’s a much stronger position to be in, plus it is much more likely to end up with you getting the compensation you need.


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