Sole Trader v Limited Company?
19/02/10
My business rival is bad mouthing me! Dealing with defamation.
Friday 19th February 2010
Word of mouth has always been a powerful marketing tool but when someone starts spreading untruths that damage the reputation and good name of your business, equally if it is in writing, you need to move swiftly to protect your interests.
Catherine Green, solicitor in our commercial disputes team explains;
The first thing is to calm down because clarity of thought is essential. You then need to quickly gather the evidence which points the finger, whether it’s an email, letter or internet article.
Next, estimate how many people will have seen the article or heard what has been said. If it is only a few then making contact directly with them may alleviate their anxieties and stop any damage spreading.
To have a claim, the comments must be false and defamatory. For something to be defamatory it has to reduce the view of your business in the eyes of the average person. If it is so outrageous that no-one would seriously believe it then do not give the impression that you are giving the accusation any credence. You might also prefer to spend your money and time on a positive marketing campaign rather than on a defamation claim.
You do need, however, to take action immediately. Defamation claims are not only reserved for the rich and famous and effective action can be taken without needing to take the matter to court.
For specialist advice on your position please contact Catherine Green without delay on 01453 847214 or cjg@aeswinterbothams.com. This article provides a general overview and cannot be relied upon in any particular case.