Money Claim for Libel - can this be pursued in Her majesty’s court?

[HOYT235]

Hello - I received a notice regarding a money claim against me from HM Court & Tribunal Service for £6k. The claimant states this is related to public slander and ‘liable’ citing the evidence as documents with “false evidence and ‘liable’” produced at an internal meeting. Besides liable being the improper term. I thought that all libel claims were to be pursued under the defamation act, with prior notice, proof of serious harm and in high court? Also prior to this noticed being issued there was no contact regarding a potential claim. I have only recently opened it, after the requested response date, so am concerned if I am likely to have to judgement ruled against me for non-response. I have not received notice of a hearing. Do I need to respond if I am 10 days late? What would the appropriate next steps be to have this thrown out permanently?

[Amethyst]

Sounds bizarre. Indeed, a claim for defamation should be made in the High Court unless both parties agree. And there are strict pre-action protocols to follow.I don't suppose you can post the particulars of claim up we can see exactly what we're dealing with. Also the date of issue please. I'm guessing the claimant isn't HMCTS just the claim has come from HMCTS at Northampton?

[HOYT235]

Correct the claimant has simply used the online aervuce to send a claim through HMCTS.

There is not much more detail than I gave. Claim was for slander and libel. Evidence was stated as documents given on a date to volunteers containing slander and libel. There is no further information regarding where the financial amount was derived. Nor are there citations if the wording used in the claim that would constitute slander or libel.

[Amethyst]

You'll need to acknowledge with intent to defend in full and apply to strike out the claim.

form N244 application and you ask for costs of the application to be awarded in that ( not a counterclaim )

something along these lines.... remembering I know nothing at all about your case this is just an example of a previous successful application in similar circumstances .... it's a starting point. Slander is spoken, libel is written( so the letters given to volunteers Id guess ) probably want to add something about lack of serious loss and unquantifiable sum claimed.

--------------

N244

3.



An order (a draft of which is attached) that Summary Judgment be granted in favour of the Defendant pursuant to Part 24 CPR and/or the claimant's claim be struck out because the claimant has no real prospect of succeeding on the claim and there is no other compelling reason why there should be a trial.

In the alternative, an order under CPR part 3 that the Claimants claim be struck out as it is an abuse of the Court process and fails to comply with the requirements of CPR 16 and CPR 53 PD 53 and therefore the Court should exercise its powers under CPR 3.4(2)(b) or (c). The statement of case also discloses no reasonable grounds for bringing the claim and should be struck out under CPR 3.4(2)(a)

If the claimant wishes to rely on written evidence, he must file and serve copies on each party at least 7 days before any hearing date set by the court.


-----------------------
Witness statement



In the Northampton County Court Business Centre


Claim No. XXXXX



Xxxxxxxx

Claimant (Respondent)


and

Xxxxxx

Defendant (Applicant)


Dated xxxxxxx

-------------------------------------
WITNESS STATEMENT OF THE APPLICANT
------------------------------------


I, namexxxxxxxxx x of xxxxxaddressxxxxxxxxxxxxxxxxxxxxxx , am the Defendant (Applicant) and make this statement in support of my application in this case.

1: I received the claim on xxxxx from the Northampton County Court Business Centre. I Acknowledged receipt of the claim via theMoneyclaim online service on xxxxxxx

2: The Claimants statement of case states xxxxxxxxx'.

3. The statement of case is improperly and inadequately constituted in that it contains no indication as to the words complained of, the meaning attributed to those words, the method of publication, the place of publication and the extent of publication. ( CPR PD 53 (2.2.2) )

4: In addition, or alternatively, the statement of case fails to contain the words complained of, or identify the person to whom they were spoken and when
( CPR PD 53 (2.2.1) )

5. The statement of case fails to accurately and coherently quantify the sum claimed and fails to state how the sums for both loss and compensation have been attributed, apportioned and calculated.

6. The claimant has failed to comply with the relevant pre-action protocols for Defamation Claims (Defamation Act 2013)

7. In the absence of an agreement between the parties the claim is not within the jurisdiction of the County Court (CPR 2.9.1 )

8. I therefore respectfully request that Summary Judgment be granted in favour of the Defendant pursuant to Part 24 CPR.

Statement of Truth

I believe that the facts stated in this statement are true.

Signed ………

Namexxxxx
(applicant) – Claim No. XXXXX



----------------

draft order

In the Northampton County Court Business Centre

Claim No. XXXXX



Namexxxxxx

Claimant (Respondent)


and

Namexxxxxx

Defendant (Applicant)


Dated xxxxxxxx

-------------------------------------
DRAFT ORDER
------------------------------------


On reading the written evidence filed by the Defendant in her application under Part 24 for summary judgment

On finding that the Claimant has no real prospect of succeeding on the claim and that there is no other reason why the claim should be disposed of by trial

IT IS ORDERED THAT:
There be judgment for the Defendant on the claim
The Claimant pay the Defendant's costs of the application to be £255.00.



Signed................................
Dated................................

[GBExile]

Pretty sure liable & slander etc cannot be done via moneyclaim

[HOYT235]

You'll need to acknowledge with intent to defend in full and apply to strike out the claim.

form N244 application and you ask for costs of the application to be awarded in that ( not a counterclaim )

something along these lines.... remembering I know nothing at all about your case this is just an example of a previous successful application in similar circumstances .... it's a starting point. Slander is spoken, libel is written( so the letters given to volunteers Id guess ) probably want to add something about lack of serious loss and unquantifiable sum claimed.

--------------

N244

3.



An order (a draft of which is attached) that Summary Judgment be granted in favour of the Defendant pursuant to Part 24 CPR and/or the claimant's claim be struck out because the claimant has no real prospect of succeeding on the claim and there is no other compelling reason why there should be a trial.

In the alternative, an order under CPR part 3 that the Claimants claim be struck out as it is an abuse of the Court process and fails to comply with the requirements of CPR 16 and CPR 53 PD 53 and therefore the Court should exercise its powers under CPR 3.4(2)(b) or (c). The statement of case also discloses no reasonable grounds for bringing the claim and should be struck out under CPR 3.4(2)(a)

If the claimant wishes to rely on written evidence, he must file and serve copies on each party at least 7 days before any hearing date set by the court.


-----------------------
Witness statement



In the Northampton County Court Business Centre


Claim No. XXXXX



Xxxxxxxx

Claimant (Respondent)


and

Xxxxxx

Defendant (Applicant)


Dated xxxxxxx

-------------------------------------
WITNESS STATEMENT OF THE APPLICANT
------------------------------------


I, namexxxxxxxxx x of xxxxxaddressxxxxxxxxxxxxxxxxxxxxxx , am the Defendant (Applicant) and make this statement in support of my application in this case.

1: I received the claim on xxxxx from the Northampton County Court Business Centre. I Acknowledged receipt of the claim via theMoneyclaim online service on xxxxxxx

2: The Claimants statement of case states xxxxxxxxx'.

3. The statement of case is improperly and inadequately constituted in that it contains no indication as to the words complained of, the meaning attributed to those words, the method of publication, the place of publication and the extent of publication. ( CPR PD 53 (2.2.2) )

4: In addition, or alternatively, the statement of case fails to contain the words complained of, or identify the person to whom they were spoken and when
( CPR PD 53 (2.2.1) )

5. The statement of case fails to accurately and coherently quantify the sum claimed and fails to state how the sums for both loss and compensation have been attributed, apportioned and calculated.

6. The claimant has failed to comply with the relevant pre-action protocols for Defamation Claims (Defamation Act 2013)

7. In the absence of an agreement between the parties the claim is not within the jurisdiction of the County Court (CPR 2.9.1 )

8. I therefore respectfully request that Summary Judgment be granted in favour of the Defendant pursuant to Part 24 CPR.

Statement of Truth

I believe that the facts stated in this statement are true.

Signed ………

Namexxxxx
(applicant) – Claim No. XXXXX



----------------

draft order

In the Northampton County Court Business Centre

Claim No. XXXXX



Namexxxxxx

Claimant (Respondent)


and

Namexxxxxx

Defendant (Applicant)


Dated xxxxxxxx

-------------------------------------
DRAFT ORDER
------------------------------------


On reading the written evidence filed by the Defendant in her application under Part 24 for summary judgment

On finding that the Claimant has no real prospect of succeeding on the claim and that there is no other reason why the claim should be disposed of by trial

IT IS ORDERED THAT:
There be judgment for the Defendant on the claim
The Claimant pay the Defendant's costs of the application to be £255.00.



Signed................................
Dated................................

Thank you for all of the above. I submitted a defense in the hopes that I would beat the CCJ but have received a reply today stating I have received a judgement in default. I am submitting a 244. They have indicated I need to submit this twice. Once to 'stay the writ' and again to request the judgement be set aside.

I am clear that the draft statement above is relating to setting the judgement aside. Would I reference the same statement as my support when requesting to stay the writ or is there some other expected information?

[GBExile]

Ring the court up tomorrow & ask them if libel etc is acceptable for moneyclaim online.

You may well find out they will dismiss the claim altogether without further costs to yourself.

I am 99% certain that the government & juridical state that these types of cases are not acceptable & this is just an oversight.

[HOYT235]

Thank you for all of the above. I submitted a defense in the hopes that I would beat the CCJ but have received a reply today stating I have received a judgement in default. I am submitting a 244. They have indicated I need to submit this twice. Once to 'stay the writ' and again to request the judgement be set aside.

I am clear that the draft statement above is relating to setting the judgement aside. Would I reference the same statement as my support when requesting to stay the writ or is there some other expected information?

At the risk of sounding stupid... Which court are you suggesting I ring? I have called the county court several times and no one who picked up the phone seemed to know much, they couldn't even tell me if I had a CCJ. I am not sure how I get to a professional who would have the power to throw it out?

[GBExile]

At the risk of sounding stupid... Which court are you suggesting I ring?

You ring the number on the judgement or the number of the claim itself. It is normally there is small text somewhere on the top or the bottom.

[Amethyst]

Thank you for all of the above. I submitted a defense in the hopes that I would beat the CCJ but have received a reply today stating I have received a judgement in default. I am submitting a 244. They have indicated I need to submit this twice. Once to 'stay the writ' and again to request the judgement be set aside.

I am clear that the draft statement above is relating to setting the judgement aside. Would I reference the same statement as my support when requesting to stay the writ or is there some other expected information?

How is there a default judgment if you entered a defence ? Were you out of time ?

There would only be a warrant of control if the claimant applied to enforce, and if the have to can apply to stay the writ and set aside the judgment at the same time in one application ( n244 )

Do I need to respond if I am 10 days late?

when was the claim actually issued ? And when did you file your defence ? Had you acknowledged?


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