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My Small Claims Court action moved to Kings Court, without my knowledge nor intent

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  • My Small Claims Court action moved to Kings Court, without my knowledge nor intent

    My local newspaper, part of Reach Plc, published a defamatory article, implying that it was myself who had made racist, ignorant remarks.
    Having been messed about by the so-called Independent Press Authority, I took them to Small Claims Court, for £5000. On appeal, the case was thrown out, because Small Claims Court does not have jurisdiction for libel cases.
    I have since found out, the case has been moved to the Kings Bench.
    I contacted the Court, and informed them that I had neither asked for, nor wanted the case transferred, and simply wanted the matter closed
    I was informed by the appointed Master's Clerk, that it was now a live case.
    I certainly do not have the funds to undertake a Kings Court action- if I did I would not have filed a claim in Small Claims.
    The Clerk states that " I should try and communicate with Reach Plc to see whether you can come to some agreement by way of a Consent Order for the case to be closed."
    Surely this should never have got to this stage?
    If a case is outside the remit of Small Claims, should they not have declined it & ( hopefully ) returned my fee?
    I am now seriously stressed out at the prospect of facing substantial legal costs.
    Any advice would be so welcome!
    Tags: None

  • #2
    Yes, that would happen. CPR 53.1 (https://www.justice.gov.uk/courts/pr...art53#IDA1B1HC) stipulates that defamation claims must be issued in the High Court. So your case has quite rightly been transferred to the King's Bench Division of the High Court.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Not sure how you've ended up where the case is now.
      But you need to seek some advice / help to close this down.
      Speak to solicitors who deal with libel / High Court matter,
      get some 'initial advice'.

      Comment


      • #4
        Originally posted by Lsc297 View Post
        My local newspaper, part of Reach Plc, published a defamatory article, implying that it was myself who had made racist, ignorant remarks.
        Having been messed about by the so-called Independent Press Authority, I took them to Small Claims Court, for £5000. On appeal, the case was thrown out, because Small Claims Court does not have jurisdiction for libel cases.
        I have since found out, the case has been moved to the Kings Bench.
        I contacted the Court, and informed them that I had neither asked for, nor wanted the case transferred, and simply wanted the matter closed
        I was informed by the appointed Master's Clerk, that it was now a live case.
        I certainly do not have the funds to undertake a Kings Court action- if I did I would not have filed a claim in Small Claims.
        The Clerk states that " I should try and communicate with Reach Plc to see whether you can come to some agreement by way of a Consent Order for the case to be closed."
        Surely this should never have got to this stage?
        If a case is outside the remit of Small Claims, should they not have declined it & ( hopefully ) returned my fee?
        I am now seriously stressed out at the prospect of facing substantial legal costs.
        Any advice would be so welcome!
        No they wouldn't cancel the claim they would just transfer it.

        Comment

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