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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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legal options to persue my new partners ex husband in Defamation

Resolved Question:

legal options to persue my new partners ex husband in Defamation or slander, ie false alegations to a custodial court and social services (non have been followed up)including, pedofile, pervert,grooming, and blatant lies to the custodial family courts ie my x wife will not allow me to see my own daughter, my ex wife belives i am a pedofile (my ex wife has not spken to the x husband making the alegations
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

The requirements for the basis of a action in defamation of that a false statement has been made to a third parties which has caused damage to the person claiming to have been defamed. Therefore statements like the ones you mentioned can potentially form the basis of an action for defamation.

However there are quite significant barriers to entry in terms of being able to issue a claim for defamation for persons of normal means. This is because defamation action must be commenced in the high court and legal fee can be extremely prohibitive. Legal fee usually start at around 10,000 pounds and can't get much more than this very very quickly. Costs by both parties claimable from the other so there is considerable risk as well

There is also no legal aid for actions like this phone so you would have to fund the action yourself entirely. This usually means that a person's of average wealth defamation actions on not a viable form of recourse.

This usually means that where someone considers that they have been defamed their recourse is restricted merely to solicitors letters to the person making the statements asking for them to see the comments and warning them that the different person will commence an action for defamation (albeit that this is usually a bluff).

I m sorry that I could not have better news for you but I hope you are able to realise that is better for you to reconcile yourself with the correct legal position.

If this is useful please kindly click accept and rate my answer as okay service or about. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards.

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you

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