| Topic: | Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Threats of Legal action against me over comments | |
| Posted by: | Phil Andrews | |
| Date/Time: | 11/04/15 18:43:00 |
| Simon, this is how it is - In libel, unlike slander or malicious falsehood, the onus is on the Defendant (you) to establish their case, not the Plaintiff (Councillor Sampson). In other words it would not be for her to prove that what you had said was false, but for you to prove that it was true. In that sense she has you at a disadvantage. Notwithstanding this Councillor Sampson would be crazy to sue you for libel. No disrespect intended, but unless you have a secret stash hidden away somewhere you are not worth suing. Libel is for the wealthy, and Councillor Sampson would almost certainly end up tens of thousands out of pocket even if she won (she might even have to ask Mr Ayoby for a loan!). The only ones to benefit financially would be the lawyers. The Borough Solicitor will have told her this, which is why she went for the easy option of sending you a solicitor's letter. As a councillor this would have cost her nothing. It's a difficult situation because you are not dealing with people like you and me. The mindset is fundamentally different. I don't share Paul's optimism that Mr Ayoby would tell the truth in a situation like this, although I think a half-decent defence lawyer would expose him within minutes. Councillor Sampson though would be a much tougher nut to crack. Much as I dislike bullying, I think that if this threat was causing you worry you were right to ask the editor of this site to remove it. It's really much of a muchness as everybody who was ever going to read it will already have done so, and most people who take an interest in these things will be aware by now of the events which took place in any case. |