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State defamed me

I had a letter sent to my mother to say that I had been charged with murder and it was sent by the courts by mistake. Will it be on record anywhere and do I have a case for compensation? She nearly died with fright. Tony.

Hi Tony. 

 

 Firstly, let me assure you that it is only convictions that are permanently recorded and officially this cannot stand against you in any way. 

 

It may be, however, that you have been libelled by the Courts Service under the Civil Law of Defamation.  A number of years ago I was involved in a case where the Revenue Commissioners wrongly issued a tax assessment against a self employed person in relation to taxes that were already paid.  A simple mistake but they compounded it by sending the enforcement certificate to the Sheriff and when the truth was discovered the assessment and warrant were withdrawn.  A case for defamation was taken and was successful insofar as the Revenue had defamed the taxpayer and published that to the Sheriff.

 

My advice is to bring the letter of notification that was sent to your mother to a solicitor and ask him or her to advise on the detail.  If you win your case you will be entitled to compensation and also to apply for your legal costs and expenses.

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