Defamation Of Character?

[LewPaper]

If I receive a rude, offensive letter full of lies and innuendo that's merely a direct, uninterrupted communication from them to me but if that same letter was composed by them but typewritten by a third party who just happens to be a near neighbour of mine, could that be considered defamation of character?

[jackthehat]

It is usual practise for a Secretary to open the day's post and present it to her/his employer after having weeded out the usual unsolicited bumph.....every Secretary I know also reads the post before passing it forwards.

[LewPaper]

What on earth has your medical records got to do with my question?

[LewPaper]

Yes, point taken Jack, and it's a good point, but she'd be as likely to think 'yeh well, he WOULD say that wouldn't he?' rather than 'well that's put her in HER place'

[Barmaid]

In my view there is no publication - although I accept this is not my particular area of expertise. A quick canter through the Defamation Acts leads me to believe the secretary is in the same position as the author.

Even if this were publication, you have to demonstrate serious damage to your reputation. There are also defences available but I dont know if they would apply.

I'd suggest that if you have a spare couple of thousand kicking around you take some legal advice from a specialist.

[Peter Pedant]

well Barmaid is da gal !
Hi Bam Bam !

just to muddy waters a bit more - there is a an act of parliament intervening ( Defamation Act 20XX ) but there was a case where their lordships had to decide if a butler opening the letter involved 'publication' and they decided not. - and I think this covers it

( saying yes BM is very clever and I am not ) is always a good bet.

[EDDIE51]

If the letter is on company headed note paper as you say, then I assume the company are aware of the contents?
If the letter was typed by an employee of the company who was instructed to do it, then it is nothing to do with the typist they were just doing their job. But if, as I suspect, the company know nothing about it and the typist was pursuing a personal vendetta , then I would take a copy of the letter direct to the managing director of the company asking them why they are using the company name with the intent of causing offence to an innocent person.I would go direct to the company and hand the letter over in person,with the condition that it is for the personal attention of and to be only opened and read by the managing director in person.
If I was MD of a company and I discovered that an employee of mine had acted in this way , they would be dismissed for gross misconduct!

[EDDIE51]

Just to add I agree with all the others that as a 'legal' case it is a non starter.
Direct action by drawing the attention of the CEO/MD of the company to what his/her staff are doing with company property is the way to go.
If the writer did this in company time it is theft of property and misuse of working time as well as bringing the company name into disrepute , quite enough to dismiss them for misconduct!

[Peter Pedant]

yeah I agree if you think they have used / misused company note paper, I would send a copy to the CEO and ask him if he approves / approved

otherwise as the Lady in Charge says - if you have a coupla thou knocking around then get a specialist libel opinion

[EDDIE51]

^^ One company I worked at threatened to sack anyone who charged their own mobile phone up at work. They said it was theft of electricity. Same for writing personal letter on works computer theft of company paper & electricity plus the offence of doing private work in company time.

[ummmm]

Jeez...that's a bit harsh Eddie. The offices I've worked in I was free to do as I pleased as long as the work got done.

[EDDIE51]

^^ We thought so as well but what could we do about it?
In the same company the manager used to check the waste skip to make sure no one had thrown away a bin bag! We had to empty the bin bags into the skip and reuse them. I was amazed they allowed us to use company water from the tap to make a cup of coffee.

[ummmm]

Wow, that's penny pinching to the extreme.

I do all my printing from the office. I'm even cheeky enough to forward my emails to my boss and get him to print them and bring them round to me :-)