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[Help] Is calling someone "incompetent" on a public forum like this grounds for a lawsuit?



Algernon

Well-known member
Sep 9, 2012
2,963
Newmarket.
Not really something to leak is it but easily resolved.

D0AA2EF9-318A-48E0-B9C2-70733B029EF9.png
 








zefarelly

Well-known member
NSC Patron
Jul 7, 2003
21,811
Sussex, by the sea
Old ALW might come across as a doddery old toff but incompetent he is clearly not.

Depends what he's doing . . . It's a complete guess, but he comes accross as the kind of person who's extremely good at one thing and utterly useless at everything else. Some people are like this,

No 5 minute jobs in that house
 






If you disparage people in their trade, office or profession, that’s defamation. You don’t have to prove financial damage, just that the opinion has been seen by one other person and that the average person would believe the comment to be true.

Obviously our libel laws have been ridiculous forever and a plaything for the rich and powerful. None of the “free speech” warriors who moan 24-7 about cancel culture and student protests seem interested in this though, funnily enough
 








GT49er

Well-known member
Feb 1, 2009
46,716
Gloucester
With Britain's senior judiciary coming up with some of the obtuse rulings they seem to favour these days, any f***in' verdict is possible!
 


Harry Wilson's tackle

Harry Wilson's Tackle
NSC Patron
Oct 8, 2003
49,927
Faversham
Serious question. I post on a forum similar to this about theatre. Someone else called Andrew Lloyd Webber .....

Let me stop you there.

:facepalm:
 






Beach Hut

Brighton Bhuna Boy
Jul 5, 2003
71,960
Living In a Box
It’s always tricky when dealing with subjective descriptions like incompetent. It’s better to stick to unequivocal and factual terms which will stand up in court like, in this instance, Tory ****.

Let's give it a go - you are incompetent...........
 


portlock seagull

Why? Why us?
Jul 28, 2003
17,071
Who can afford the more expensive lawyer?
 






Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
13,783
Herts
Grounds for a lawsuit? Well, it would be a civil case so the ‘injured’ party only has to persuade themselves that they should sue. Their lawyers will be primarily interested in earning fees, so they are unlikely to resist very hard. Thus, the answer is ‘yes’.

Now, if you’d asked the question ‘is it likely that my friend would lose a civil action for defamation’, you’d have got a different answer: ‘I’d hope not, but you never know. Does your friend have £100k minimum to find out?’
 


Me and my Monkey

Well-known member
Nov 3, 2015
3,342
Talking with a big fan of musicals and such shite this evening. Apparently even she would agree this ALW Cinderella is pointless nonsense. Personally, I would agree all musicals are pointless nonsense.
 




Triggaaar

Well-known member
Oct 24, 2005
50,167
Goldstone
It’s always tricky when dealing with subjective descriptions like incompetent. It’s better to stick to unequivocal and factual terms which will stand up in court like
If “in my opinion” was added does this play easier than suggesting it’s a fact?
You don't need to say something is an opinion. Saying someone is incompetent (as we regularly get on here re footballers, managers, refs etc) is an opinion. We are allowed to have such opinions and it wouldn't usually be something you could sue. If you were trying to make out it was a fact, that's something you'd have to prove.
 




Triggaaar

Well-known member
Oct 24, 2005
50,167
Goldstone
sounds a bit defamatory, depends how serious the claim is. if some anon on a football forum makes a false claim, its nothing, if its someone prominent and where it might affect their reputation, likely to be taken seriously.
That's not true. That would mean that football pundits couldn't say that players are not good enough. People are allowed to give negative reviews.

With ALW's reputation, I'd think it's fair to say he's very competent. If the comment/review was a serious one, seriously claiming that he is incompetent, I'd guess that could be an issue, as it's different to saying this particularly play was bad.

If you disparage people in their trade, office or profession, that’s defamation. You don’t have to prove financial damage, just that the opinion has been seen by one other person and that the average person would believe the comment to be true.
We're allowed to comment on the performance of pretty much anyone in media. For it to be defamation it needs to be untrue, and given as fact rather than opinion.
 


Triggaaar

Well-known member
Oct 24, 2005
50,167
Goldstone
However, if Andrew Lloyd Webber were able to prove a financial loss due to the statement. For instance if he lost work because of it then a Litigation might be allowed to proceed.
'Proceed', but not necessarily have chance of success. Plenty of plays (and films etc) get bad reviews that obviously lead to less takings at the office, but that's not grounds to sue.
 


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