Webite content - legality/libel etc
Discussion
I have a serious and unsettled grievance with my (former) IFA, who IMHO by failing to carry out work under the terms of our contract lost me a large amount of money. I took the case to the Financial Ombudsman Service but they always seemed to take his side and did not uphold the complaint. Conventional legal action would seem to be throw good money after bad for no certain result, so my plan is to register a website with his company name in it and tell the world exactly what happened.
If and when he finds out, he may lay a libel charge, so I fully intend to be bombproof. I understand that defences to libel are "justification" which means "it was true". So if what I put is factually correct, then I should be ok - and "fair comment" which means "ok so it was an opinion only but it was a fair one to have held and a comment reasonably made". I also wonder if he could make a case by my registering his company name (as yet unregistered, which shows how switched on he is).
All professional advice appreciated.
If and when he finds out, he may lay a libel charge, so I fully intend to be bombproof. I understand that defences to libel are "justification" which means "it was true". So if what I put is factually correct, then I should be ok - and "fair comment" which means "ok so it was an opinion only but it was a fair one to have held and a comment reasonably made". I also wonder if he could make a case by my registering his company name (as yet unregistered, which shows how switched on he is).
All professional advice appreciated.
As Ted says, don't leave him any avenues of counter attack, like copyright infringement issues.
Keep to the VERIFIABLE facts only - let people draw their own conclusions.
Don't let it get personal and don't slag the other guy off.
Gather lots of evidence, especially stuff from your opponent that you can use against him (be careful about publishing these entirely, you can publish some content under fair dealing, but be careful with copyright issues).
If it is a newsworthy story, consider a professionally worded press release. I helped getcarter publicise a grievance with BMW and we kicked their arse, totally legally, by sticking to the facts. Good leverage.
Keep to the VERIFIABLE facts only - let people draw their own conclusions.
Don't let it get personal and don't slag the other guy off.
Gather lots of evidence, especially stuff from your opponent that you can use against him (be careful about publishing these entirely, you can publish some content under fair dealing, but be careful with copyright issues).
If it is a newsworthy story, consider a professionally worded press release. I helped getcarter publicise a grievance with BMW and we kicked their arse, totally legally, by sticking to the facts. Good leverage.
Presumably you've already enlisted the services of a good firm of Solicitors? They are the best people to approach about these sort of problems.. They may be able to suggest a better route to sort your grievance out.. Depends on who you have used or who's in your area, as a guide there is the Legal 100 which indicates the 'top' 100 firms in the country..
hth
PS
hth
PSVery likely that he'll be able to sue you for registering his company name as a web address. Unless you can prove that you have good cause to be using the name, then I think that a court would make you hand it over to him. Try searching for something similar involving Robbie Williams (I think). A fan registered his name (or variation of) & ended up losing his case 'cos he had no legal entitlement to it. 
Interesting point Centurion. Whilst on one hand you'd think that you can register any name you like, I suppose it might be seen as 'passing off' (though the text would make it clear that it wasn't official). He's is zero internet aware so by the time he finds out some damage could be done, and I can always shut the site down. I don't suppose he'd want to start legalities any more than I do. Might even give me a bargaining point? ie 'I'll take the site down if you pay back the fee you charged'.
Re the FSA, they are concerned with the actual products, not the firms that sell them - hence I was referred to the FOS.
I have two legal friends whose advice is that court action would be very expensive with no guarantee of success. Plus, as the FOS has thrown the case out, that won't help. I don't want to throw any more money away, hence guerilla tactics are preferable to conventional warfare!
Re the FSA, they are concerned with the actual products, not the firms that sell them - hence I was referred to the FOS.
I have two legal friends whose advice is that court action would be very expensive with no guarantee of success. Plus, as the FOS has thrown the case out, that won't help. I don't want to throw any more money away, hence guerilla tactics are preferable to conventional warfare!
centurion07 said:
I guess as long as you keep to the facts, any solicitor would probably advise him that it's not worth suing you. However, bearing in mind that the ombudsman has already found in his favour more than once, what's to say that a court won't as well?
The difference is that the Ombudsman was judging (ha ha) the company on their contract with me and whether or not they were in breach of it. My concern now is not to sue him, as IMHO that's throwing good money after bad, but that he might sue me for (1) registering a domain with his company name (2) content thereof. On the second point, it would seem that as long as I stick to the facts and make it clear that any assumptions drawn from them are my personal opinion, it is unlikely he can get me for libel. I also plan to put his logo on the page...
centurion07 said:
Very likely that he'll be able to sue you for registering his company name as a web address. Unless you can prove that you have good cause to be using the name, then I think that a court would make you hand it over to him. Try searching for something similar involving Robbie Williams (I think). A fan registered his name (or variation of) & ended up losing his case 'cos he had no legal entitlement to it.
He won't be able to sue you for this. If he wants the domain name back then he registers his issue with Nominet or whoever and you can choose to give it back for a fee.
There's nothing to stop you registering the name if it's available. He definately can't sue you for that but he may well "win" the domain name back from you.
Been there, done that a few hundred times!
Dan
Thanks danhf. Now how would it be if I was to use that domain to describe to the world at large what happened? I have the basic guidelines for avoiding libel, but I noticed when I looked at registering the domain originally (via 123-reg) that you have to obey the terms and conditions - would I fall foul of those?
danhf said:
Very likely that he'll be able to sue you for registering his company name as a web address. Unless you can prove that you have good cause to be using the name, then I think that a court would make you hand it over to him. Try searching for something similar involving Robbie Williams (I think). A fan registered his name (or variation of) & ended up losing his case 'cos he had no legal entitlement to it.
He won't be able to sue you for this. If he wants the domain name back then he registers his issue with Nominet or whoever and you can choose to give it back for a fee.
There's nothing to stop you registering the name if it's available. He definately can't sue you for that but he may well "win" the domain name back from you.
Been there, done that a few hundred times!
Dan
Sorry, my bad. I didn't mean he could sue you just for registering the name, but rather for using it. I would imagine that usually, there wouldn't be any, or at least, very little money involved, they'd just get the name back. But in this case, you're proposing to slag his business off with it, albeit truthfully. Like I said, I'm sure a similar case involved a famous celeb & they ended up winning the case. I do know for definite though of a guy that opened up a tearoom/cafe somewhere, with the same name as a famous department store which ended up suing him for using their name. Thing is, it was his surname & had been for years (hadn't changed it by deed poll kind of thing), & therefore the courts ruled that he could call his business that because it was his own surname.
centurion07 said:
. I didn't mean he could sue you just for registering the name, but rather for using it. I would imagine that usually, there wouldn't be any, or at least, very little money involved, they'd just get the name back. But in this case, you're proposing to slag his business off with it, albeit truthfully. Like I said, I'm sure a similar case involved a famous celeb & they ended up winning the case. I do know for definite though of a guy that opened up a tearoom/cafe somewhere, with the same name as a famous department store which ended up suing him for using their name. Thing is, it was his surname & had been for years (hadn't changed it by deed poll kind of thing), & therefore the courts ruled that he could call his business that because it was his own surname.
Certainly if I was to start up as an IFA with his name or one very similar, with the perceived intention of stealing his trade, then that would be 'passing off' and highly iffy. My reason for registering the domain in his company's name was to get higher in search engine rankings - so that when anyone goes to invest their money, they find my site first and get my story!
Perhaps I would be better off to use my existing domain and say my piece there? I could rely on metatags etc to get found by search engines.
Is there a way to make a site anonymous or can it always be traced?
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