Legal Updates

A significant delay in filing a libel claim can indicate that things never happened

October 10, 2017

A dispute between two people assault led to a battery, followed by an e-mail about the incident sent to several recipients. The assailant contended that this was a defamatory e-mail message, while the other party contended that it was a credible and factual record of the incident.

The Court rejected the claim and held that in view of the defamatory allegations raised, the assailant is expected to hasten and expedite his claim so that the matter will be settled. However, the assailant chose to file his claim only more than six and a half years after he learned of the allegedly defamatory e-mail, which is so late that it could indicate that it never happened. In other words, if the assailant claims that his name was indeed damaged, then it was expected that the claim would be filed shortly after he discovered the publication to remove the cloud above his head.