libel issues and the duty of confidentiality

[Russe11]

Per BankFodder: -

As far as defaming an organisation is concerned, it is difficult to

defame them. Libel refers only to living individuals.

However, there is something called "injurious falsehood" which does

apply to the companies and their products. This is quite a rare tort

but there can be serious consequences if it were proved.

It is most unlikely that you would end up with this problem.

 

As far a confidentiality is concerned, there are rules which apply and

you have to let me know the circumstances and I can give you an idea of

what the position might be.

[Russe11]

Is it possible the the bank say deal, but you have to sign this etc

 

could that mean i'm not allowed to discuss the matter, or not allowed to tell everyone and anyone I know that they can take a case like this on with there bank ?

 

Does it mean if the bank says we are paying up but you have to sign this...... but you then say well i have done a deal with the sunday times finacial section and there going to print my case..... is it the fact that you are in as bargaining posistion ?

[Russe11]

the above regardsd confidentiality and agreements and where one stands

[BankFodder]

Duties of confidentiality are very serious duties - if the other side is prepared to sue. And I expect that a bank would be.

 

If you agree to sign a confidentiality agreement with the bank in retun for a payment which the bank describes as "goodwill" then you have an agreement based on a contract and also a duty arising out of a duty of trust which evidenced by the agreement. With me?

 

However, confidentiality is clearly something which is valued by the bank. So why give it away?

If the bank actually owes you £1000, then why accept the £1000 and give them athe agreement as well?

The smart thing to do is to sell the agreement. And I do mean get greedy. £1000 for what they owe you PLUS £1000 for confidentiality - otherwise it is no deal.

 

Lok at your options. Firstly you know that with a little more trouble you can get the money from them without confidentiality. The banks always give in and if you were lucky enough to get to court then you would in all probablility win your case.

So your £1000 is guaranteed.

If they refuse your offer, then you will eventually get your £1000 back as "goodwill".

If they accept your offer then you are quids in.

 

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If you have entered a confidentiality agreement then what can you disclose? It depends on the agreement. However there is nothing to stop you registering under a new userID and telling us a story but making sure that the actual details are scant enough that neither you nor the bank can be identified. After all, if they don't know you are talking about them and if they don't know that it is you who are doing the talking, they can't exactly start launching actions, can they? :twisted:

 

When the bank wants confidentiality they are trying to protect their reputation and the action which they have taken.

If no one is able ti identify the parties then there is probably no breach of confidentiality

 

 

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Finally, if you refuse confidentiality then you are free to report back on this forum and everyone else will benefit from your experience.

[joesweetsllm]

Halsburys Laws of England Vol 28 4th Edition: Para 25 at page 14.

 

" Companies and Corporations: A corporate body may maintain an action for libel or slander in the same way as an individual".

 

Remember the McDonalds case and Virgin v British Airways ?

 

Whether or not a corporation would issue or not may be an entirely different matter. Best to tred carefully and keep the object and overriding objective of

any litigation to the forefront of one's mind - to whit - the resolution of the

dispute without recourse to litigation or unnecessary steps in litigation !

[Russe11]

This topic was closed on 03/05/19.

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