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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Husband is always saying vile things about my children (not

Resolved Question:

My Husband is always saying vile things about my children (not his) and I retaliated b y saying
not very pleasant things about his. I have never met them, I only said what he had said himeself as to their characters. It was never said to them directly only in my Husband's presence with no witnesses. He says that they can take me to court. Is this true please?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

If he is saying that he can sue you for making a defamatory statement (ie. slander) it is unlikely that he will be able to do much about it.

In order for someone to be able to sue another for slandering they must make an untrue statement about someone (ie. the children) to a third party (ie. your husband) which causes the person damage. Though you have communicated a statement to a third party he would then have to prove that these statements were untrue and, most importantly, that they cause damage to the children in that it would lower the children’s reputation. Frequently, you would have to prove financial loss (which presumably he couldn’t.

Presumably you have not lowered the children in his eyes and so he would therefore have great difficulty in proving this element of it.

Defamation actions can only be heard in the high court. These are hugely expensive, tens of thousand’s of pounds and there is no legal aid funding for this so he would have to pay it himself.

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Kind regards,


Tom
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