Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Defamation time limits?

Defamation time limits?

Postby Waingro » Thu Jul 14, 2016 7:48 pm

A libelous accusation is made in an email to a third party.

The time limit to sue for libel is 12 months.

The email containing the libellous accusation is 3 years old but the person who was libelled 3 years ago only found out about its existence last week.

Is their libel claim statute barred?
Nothing I say should be construed as advice because I really haven't got a clue.....
Waingro
 
Posts: 139
Joined: Wed Dec 16, 2015 11:37 pm

Re: Defamation time limits?

Postby Smouldering Stoat » Thu Jul 14, 2016 8:07 pm

The court may extend the time limit under s.32A of the Limitation Act.

But please don't think about suing for libel. You can't afford it.
Smouldering Stoat
 
Posts: 6293
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Defamation time limits?

Postby Waingro » Thu Jul 14, 2016 8:18 pm

Quite right. I most certainly cannot afford it and I have no intention of suing anyone.

However, out of interest, recently I made a subject access request to a former employer.

It revealed an email that I had previously not known about where a former work colleague made an accusation against me.

I would be able to prove that this accusation was entirely false. Therefore this accusation is highly likely to be defamatory, libelous and/or slanderous.

At the time the employer chose not to inform me that this accustaion was made or that this email even existed. And to my knowledge the employer never investigated the accusation.

Only now, almost three years after the email that contained the accusation was sent to my then employer have I found out that this accustaion was made.

I can't claim that the accusation has cost me money because I wasn't even aware of it until now. I was oblivious to it's existence.

However, the acccusation could be seen to "lower you (me) in the eyes of right thinking members of society." http://www.slatergordon.co.uk/media-lib ... vacy/faqs/

Should I wish to sue, I have 12 months.

Does my 12 months start now? Or because the accusation was made nearly 3 years ago is it statute barred despite the fact that I didn't know the accusation existed until now?

Because the accusation was only made to my senior employers rather than to a wider audience can I realistically claim damage to my reputaion given that my employers chose to take no action?

On a scale of 1 to 10 how unrealistic would it be to think that the above scenario could result in a succesful libel claim?
Nothing I say should be construed as advice because I really haven't got a clue.....
Waingro
 
Posts: 139
Joined: Wed Dec 16, 2015 11:37 pm

Re: Defamation time limits?

Postby atticus » Thu Jul 14, 2016 8:23 pm

What damage has this done?
User avatar
atticus
 
Posts: 19704
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Defamation time limits?

Postby Waingro » Thu Jul 14, 2016 8:40 pm

The accusation has genuinely hurt my feelings. I have no idea if that is something that the law can quantify.

It is an accusation that would explain why my former employer appeared to have viewed me differently and therefore began to treat me differently.

This is likely to have affected my career prospects and subsequently caused me to leave that job.

All of this would be rather hard to prove however.
Nothing I say should be construed as advice because I really haven't got a clue.....
Waingro
 
Posts: 139
Joined: Wed Dec 16, 2015 11:37 pm

Re: Defamation time limits?

Postby Smouldering Stoat » Thu Jul 14, 2016 8:56 pm

A statement is not defamatory unless is has caused or is likely to cause serious harm to your reputation. It is up to you to prove it.
Smouldering Stoat
 
Posts: 6293
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Defamation time limits?

Postby Waingro » Thu Jul 14, 2016 9:08 pm

Well two of the witnesses who would have been able to help me prove it are dead (natural causes).

So I think I'll just move on. I was simply curious.

Cheers.
Nothing I say should be construed as advice because I really haven't got a clue.....
Waingro
 
Posts: 139
Joined: Wed Dec 16, 2015 11:37 pm

Re: Defamation time limits?

Postby dls » Fri Jul 15, 2016 11:24 am

One particular reason for short limits for defamation cases is the idea that if you haven't noticed the damage, there probably is not enough damage to be worth suing for.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Defamation time limits?

Postby Waingro » Fri Jul 15, 2016 11:45 am

Excellent point. I noticed no damage. I'm just irritated that someone was allowed to make accusations against me and I never got the opportunity to call them out on it.
Nothing I say should be construed as advice because I really haven't got a clue.....
Waingro
 
Posts: 139
Joined: Wed Dec 16, 2015 11:37 pm

Re: Defamation time limits?

Postby dls » Fri Jul 15, 2016 12:51 pm

There has been a whole trail of claimants in defamation cases having their cases dismissed summarily as an abuse of process for being 'not worth the candle'
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire


Return to Torts - Negligence, Defamation and others

Who is online

Users browsing this forum: No registered users and 1 guest

cron