Unregistered
14 August 2006, 18:32
Perhaps victims of certain kinds of identity theft should check with their solicitors to see if they can take legal action. I illustrate my idea below.
Suppose Smith applies to Lender for a loan of money using Brown's identity. Lender puts the application through and Brown gets demand for repayment of the loan and later finds that his name has been passed on by Lender to Credit Agency with result that Brown can no longer borrow money.
(1) Lender has published a statement about Brown to third party (Credit Agency).
(2) Statement is defamatory in nature (e.g., Read v Hudson, 1700)
Therefore, Brown has prima facie case of defamation against Lender (and also, by same reasoning, against Credit Agency)
I'm thinking that Credit Agency could successfully defend by way of privilege, but could Lender? Has anyone investigated this?
Alternatively, since Lender has failed to adequately check the identity in question, how about Brown seeking damages from Lender on the basis of negligent mis-statement (e.g., Lawton v BOC Transhield, 1987)?
Suppose Smith applies to Lender for a loan of money using Brown's identity. Lender puts the application through and Brown gets demand for repayment of the loan and later finds that his name has been passed on by Lender to Credit Agency with result that Brown can no longer borrow money.
(1) Lender has published a statement about Brown to third party (Credit Agency).
(2) Statement is defamatory in nature (e.g., Read v Hudson, 1700)
Therefore, Brown has prima facie case of defamation against Lender (and also, by same reasoning, against Credit Agency)
I'm thinking that Credit Agency could successfully defend by way of privilege, but could Lender? Has anyone investigated this?
Alternatively, since Lender has failed to adequately check the identity in question, how about Brown seeking damages from Lender on the basis of negligent mis-statement (e.g., Lawton v BOC Transhield, 1987)?