The good name of a person or a company has always been essential, and therefore something that will require protection. The risks that something will arise that will jeopardise that good standing have dramatically magnified with the increased opportunities for publishing such material on line.
Furthermore, greater regulation and scrutiny of our affairs increases the risk that a person’s good name can be tarnished.
It is important to act promptly when learning of a publication and if instructed on a timely basis we can take steps to negate the potential damage that may be caused to an individual’s reputation.
Where litigation is required to address the publication and recover damages we adopt a forceful and diligence seeking best outcome for our client, and to draw proceedings to a swift conclusion.
Balancing the reputation of an individual and organisation with the right to free speech is something which must not be ignored and there will be occasions when publications will be unjustly branded as defamatory. We are able to provide a firm and incisive response to ensure that the matter does not escalate.
In recent years, procedures have been established to quite rightly ensure that children and vulnerable adults are protected from the risk of harm. In this respect the Disclosure and Barring Service provides disclosures which maybe relevant to a person’s suitability for employment for will bring them into contact with vulnerable persons. It is further possible for individuals to be excluded altogether from working within those circumstances.
Disclosures can be made and decisions reached which are plainly incorrect and this can have the effect of damaging a person’s reputation, destroying their livelihood and stigmatising them. Before a decision to disclose or bar is made, the person it relates to will be asked to make representations. It is imperative to make the appropriate representation to prevent the confirmation of the decision, and in our experience that properly deals with the law and factual issues is highly likely to be successful. Where a decision has already been made, it possible to challenge this, which again has a considerably higher prospect of success where it properly deals with the law and factual issues.
Examples of cases that our team have handled include the following:
- Representing individual whose name was leaked to the press linked to defrauding a major gaming licence operator. This matter was widely reported within the national press;
- Acted for former company official alleged to have made defamatory comments about his former employer;
- Acting on behalf of individual, who had been acquitted following charges of sexual offences, working for a private contractor within the public sector, in safeguarding proceedings;
- Successfully challenged a decision to bar from working with vulnerable persons a man paranoid schizophrenia;
- Successful challenge to DBS certificate following an acquittal on a charge of rape;
- Successful challenge of decision to include on a DBS certificate information that a carer had been charged but not convicted for an assault;
- Successful representations to prevent a deputy headteacher working with young people.
Noble Solicitors fighting for you;
always protecting your rights