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My wife was joking around with other mums while picking our

 
jomo1972's Avatar
  • Answered by:jomo1972
  • Barrister
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Customer Question

My wife was joking around with other mums while picking our 8 year old son up from school a few days ago. She said, in jest, that another pupil's mother was 'probably a prostitute'. Our son overheard the remark and has apparently been repeating it around school. Now the woman in question has become aware of this and is threatening to sue for slander. Can she do that?

 

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Submitted: 310 days and 12 hours ago.
Category: UK Family Law
Value: £17
Status: CLOSED
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Expert:  jomo1972 replied 310 days and 12 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What did your son say exactly?

Customer replied 310 days and 12 hours ago.

I don't know yet. I haven't spoken to him about it. I've only just found out about it. I will be speaking to him tonight to try and establish that. We've then got to attend a meeting at the school tomorrow to discuss it. I was hoping to be aware of the legal position before then.

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Expert:  jomo1972 replied 310 days and 12 hours ago.

It is a defamatory comment I'm afraid.

There would be a presumption of damage arising from this comment because it is impugning her chastity. Whether she said it jokingly or not would make no difference and, I'm afraid, that I could not be confident that a court would accept this was a jovial statement. However it is said, it is likely to be considered insulting and inappropriate in front of children.

That said, she is not going to sue for defamation. A contested defamation action costs in excess of £25,000 and there is no legal aid. Its not within the reach of most people.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

Expert TypeBarrister
Category: UK Family Law
Pos. Feedback: 95.9 %
Accepts: 742
Answered: 7/5/2012

Experience: Bar Exams, over 5 years in practice.

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