TashaBoo wrote:Maybe someone with some legal knowledge can chime in here, but the fact they're sending out (what I'm assuming are) cease and desist letters via email, shows that they're not actually all that serious about taking people to court. Emails of this type don't usually fair too well in court because there's no way to prove that the addressee has actually read the notice (unless they admit to reading it).
Why they're not serious about taking people to court, I don't know.... Maybe because the alleged victims aren't lying? Or maybe they are serious about taking people to court but Sarah has bought bargain half price representation for her greasy husband?
Its a warning shot and part of a process to start legal proceedings
The process is namely Pre action protocol for defamation and is classed as a letter of claim. Such a letter should contain.
1.name of Claimant;
2. sufficient details to identify the publication or broadcast which contained the words complained of;
3. the words complained of and, if known, the date of publication; where possible, a copy or transcript of the words complained of should be enclosed;
factual inaccuracies or unsupportable comment within the words complained of; the Claimant should give a sufficient explanation to enable the Defendant to appreciate why the words are inaccurate or unsupportable;
4. the nature of the remedies sought by the Claimant.
5. Where relevant, the Letter of Claim should also include:-
any facts or matters which make the Claimant identifiable from the words complained of;
details of any special facts relevant to the interpretation of the words complained of and/or any particular damage caused by the words complained of.
Presumably
1. is satisfied and they do insert the name of the person and address details
2. Is covered by the section called article
3. is covered by the bit that says the following statement - presumably the statement contains the tweet or message or whatever that is directly attributable tp the person named at 1
4. Nature of Remedies sough is addressed in the section called remedies
Any person receiving such a letter can choose to
Ignore it do nothing and risk consequences
Follow the remedy course in the letetr (what they want the poster to do) such as remove the You Tube Video/ tweet / facebook/ Forum post
Disagree that what they have posted is in any way defamation
they need not be a solicitor to reply just need to have an ability to be direct and clear and if disagreeing say why they ae disagreeing
the solicitors will then either respond/ not bother/ press ahead with legal action
Some background to pre action protocol is in this link:
https://www.justice.gov.uk/courts/proce ... f#IDA0A0HC
Back to lurking
(just to clarify; this is dave and sarah ingham, not the R family's dave and sarah).
Insted of sending you kid to school so she could be with her friends on her birthday - she is kept home alone to play at 9 years old. 
