Defamation – Review anonymous slander case June 2015
In February 2015, we were instructed by the owner and manager of a reputable rental and property management business which started trading in February 2001 in Jalon, Alicante, Spain regarding a case of online defamation/harassment. The D had set up a website with a disparaging name similar to our client’s.
We have a lot of experience in these type of cases and their unique challenges. Often the relationship between the client and the alleged cyberstalker can be strained to say the least. This strain is often redirected at the firm as we are in the position of trying to assist our client.
There were a number of challenges to overcome.
1. The client was based in Spain.
2 We were not certain of where the D was domiciled.
3. Any information we could use to determine the D’s address had been withheld as private or third party identity details were used.
4. There were jurisdiction issues and the issue of service of the D.
5. What was the right cause of action for the client? Which cause of action would be mostly effective in achieving the client’s objectives?
6. We needed to issue a claim, take a number of preparatory steps as well as issue three separate court applications including an Injunction Application.
The matter was finally resolved to the client’s satisfaction by way of settlement in a Court Order.
To book a face to face consultation for legal advice about online defamation or harassment online by cyber stalkers you should contact a specialist internet lawyer (charge rates may apply and may vary).