Blackmail: Defend Your Reputation, Reclaim Your Peace of Mind.

What is Blackmail?

Under Section 21 of the Theft Act 1968, blackmail is defined as ‘making unwarranted demands with menaces’ with the intent to make a gain or cause a loss to someone else’. To break it down further, a demand is considered “unwarranted” unless the person making it has reasonable grounds for doing so and believes the use of threats or menaces is a legitimate means to enforce that demand. For instance, legitimate debt collectors may issue letters of demand with warnings of what will occur if payment is not made.

Blackmail thrives on spreading fear, dread and isolation causing people to feel shame. Clients describe how all of a sudden, their world seems to unravel, leaving them feeling as though there is no way out; with relationships, careers and hard-fought reputations hanging in the balance.  In the case of Hadjou 11 Cr App R, blackmail was aptly referred to as “attempted murder of the soul,” such is the pain inflicted on a person’s very being.

Navigating Corporate Blackmail – A Twelve Tabulae Case Study

Mr Jones and Mr Grey were both directors and equal partners in a thriving business. Their professional relationship, once built on mutual trust, began to unravel when Mr Jones made an ultimatum.

As part of a contentious share buy-out, Mr Jones approached Mr Grey with a dramatically undervalued offer to purchase his company shares. He explained that unless Mr Grey sold his shares to Mr Jones for this price, he would allege scandalous personal details about Mr Grey’s sexuality to his business contacts and family.

Although Mr Grey felt confident that the allegations had no real basis, he was worried that the scandal would have devastating and everlasting consequences for him on a professional and personal level.

This is a clear attempt at corporate sabotage using blackmail as leverage—an aggressive and calculated move designed to coerce Mr Grey into selling his shares against his will.

What Can You Do if You Are Being Blackmailed?

If you find yourself in a similar situation to Mr Grey, even though it may seem like you have no choice but to comply, you can fight back and neutralise the blackmail with the right approach. In this instruction, we exposed the blackmailer’s behaviour by demanding that he stop his conduct. Without being able to pressure our client in private, the blackmailer lost all leverage. We were able to reset the power dynamic by warning of our intention to report the imprisonable offence of blackmail to the Police, detailing how the matter would be kept on record at our firm as evidence and that civil action would be initiated for any business losses. We had effectively used our legitimate threat of legal action to put a stop to an illegal threat of action.

False Accusation of Blackmail – A Twelve Tabulae Case Study

Mr Smith invested substantial funds into a start-up run by Mr David.

Over time, Mr David’s mismanagement became apparent, prompting Mr Smith to confront him. To resolve the matter, Mr David offered to buy back Mr Smith’s shares and they signed a formal agreement reflecting this proposal. Despite the agreement and continuous chasing, Mr David refused to pay the agreed sum to Mr Smith to buy back his shares.

Frustrated by the delays, Mr Smith demanded the money owed and warned of legal action in the event that this was not forthcoming. Instead of paying the funds owed to Mr Smith, Mr David filed a Police complaint, accusing Mr Smith of blackmail, claiming his demands and warnings were extortion.

Mr Smith was blindsided by the accusation. His demands for the buy-back payment were legitimate and based on a legally binding agreement. The Police investigation not only caused Mr Smith intense emotional stress but he also endured severe scrutiny making him feel as though he had committed a crime even though he had acted lawfully and in good faith.

Defending Against a Blackmail Allegation

We understand that being accused of something which you did not do is a difficult concept to fathom, causing strain on your professional and personal life.

One of the key defences to a blackmail allegation is to assert that the demand was reasonable. This could involve the defendant evidencing that they had reasonable grounds to make the demand, such as a debt being owed to them as was the case with Mr Smith, and that the threat was therefore legitimate in the circumstances. We will assess your options and plan a strategy accordingly, including reviewing the available legal defences.

Penalties for Blackmail: A Serious Crime

A conviction for blackmail can result in severe consequences including imprisonment of up to 14 years. The courts view blackmail as a particularly vicious crime due to the emotional toll it takes on victims and the potential for corporate sabotage or personal ruin.

Why Twelve Tabulae?

At Twelve Tabulae, we do not just offer legal expertise, we offer peace of mind. Many of our clients come to us feeling overwhelmed and isolated, not knowing where to turn. At Twelve Tabulae, we understand how distressing this can be, whether you are a victim of blackmail or being wrongly accused. Our legal team are here to provide support and clear, actionable advice during this difficult time.