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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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The owner of the Franchise that I am a part of has told another

Resolved Question:

The owner of the Franchise that I am a part of has told another franchisee that I have made "appalling and offensive comments" about her. This is completely untrue and also damaging to my position within the franchise. Can I sue for slander?
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What is your position within the franchise please?

Are you a franchisee?

Tom
Customer: replied 1 year ago.

yes, I am a franchisee, but they are trying to claim I am in breach of agreement and terminate the agreement. I'm just collating my reponse to them and I want to know whether I have any grounds for slander after what they said to a fellow franchisee.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

People are free to say what they like to other people provided that what they say must not be defamatory. In order to be defamatory (ie. Libel or slander), it must:-
1. Be a false statement
2. Communicated publicly (ie. To another person other than the defamor and the defamed
3. Cause damage to the person who is defamed.

If you consider that the acts of the franchisor have met the above then you potentially have a claim for defamation. However, it is important that you are also satisfied that you are able to prove each of the elements above. No proof, no viable cliam.
However defamation actions are extremely expensive to actually proceed with via Court (tens of thousands of pounds in legal fees – no legal aid), with a unpredictable degree of success and it is only worth suing a person if they have money against which you could enforce judgement.
If the franchisor knows that the barriers to issuing a claim are high and doubts that you would be prepared to pay the legal fees then they may see it as a bluff though it does at least give you a little ammunition for your dispute with them


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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