Scared and confused over claim

**des8** · 22nd March 2021, 08:38:AM

I'm tagging EXC ,our resident expert, for you.

**Daisy belle** · 22nd March 2021, 08:41:AM

Thank you so much!

**EXC** · 22nd March 2021, 09:20:AM

Originally posted by Daisy belle View Post

Good Morning,
new here so please be delicate!

I’ve received a claim for libel. The contents of the claim (particulars of claim) are full of lies, false information etc. This person has been harassing me for a year now and is currently being investigated by the police.
They have ‘served’ via business email. Despite having my address. The court confirmed it was a legitimate claim but is currently ‘stayed’
can they serve via email even though they have my postal address?

can anyone help me? I’m scared to post too much info incase they see it.

Firstly can you post up the claim form and also the confirmation from the court that the claim is stayed please - redacting any personal info - or email them to me at nick@legalbeaglesgroup.com

**Daisy belle** · 22nd March 2021, 09:44:AM

Thank you. I have emailed you due to the need to keep this from public view as a matter of my personal safety.

**EXC** · 22nd March 2021, 10:05:AM

Ok thanks.

A few questions:

1) Did you ever get a pre-action letter from the claimant at any point before the claim was issued?

2) Have you acknowledged the claim with the court?

3) Did the court tell you why the claim had been stayed?

**Daisy belle** · 22nd March 2021, 10:12:AM

1. No letter before action. Only social media messengers that rudely told me that I was being sued.
2. I have not yet acknowledged it with the court as I am scared as to whether it’s been legally served. Despite the court confirming it is a legitimate claim.
3. All the court told me via telephone communication was that it was possibly due to ‘communication’ they did not seem to have much information to give me.

**EXC** · 22nd March 2021, 10:53:AM

Ok, you need to acknowledge the claim regardless so do that ASAP. Tick the box that says you intend to defend in full and don't tick the box that asks if you intend to contest the jurisdiction.

That you received the claim by email doesn't mean it hasn't been served so it's no defence really. I take it the address for you on the claim form is yours?

I would have another stab at asking the court why it's been stayed and ask if you will be getting any written confirmation from them about the stay.

The claimant should have issued you with a pre action letter - the Civil Procedure Rules are quite strict on that - so that's something you could include in your defence if & when it comes to it.

One other thing, I can't tell from the claim when the statements that the claimant is complaining about were made/published. There is a 1 year limitation so if any of the alleged libelous comments were made over a year after the date the claim was issued, you can defend on that basis.

Going by how the claim is written (i.e. badly) I can fairly confidently say that the claimant hasn't taken any legal advice. The claim is emotive rather than factual and the claimant has prematurely filed his evidence with the claim, rather than with their witness statement which is much further down the line.

Defamation claims are famously difficult to navigate and procedurally horrendously complicated so to embark on one unless you know exactly what you're doing or hire a lawyer is foolish. Only about 20 libel claims a year ever make it to a hearing, mainly because the claimant doesn't know what they're doing.

Are the comments they complained about still online?

**Daisy belle** · 22nd March 2021, 11:27:AM

Thank you for looking it over!
I have simultaneously today, spoken with an advisor at CAB, who once I detailed the information given to you today, has stated that the claimant should of (as you said) sent a ‘letter of intent’. CAB have also said that in their opinion, the claim should of been served via post or in person as the claimant has my postal address. They have advised I speak to a local solicitor who offers a free half an hour, and provided me with details of whom is currently offering this.
They also said that they felt the claim would be deemed as harassment. They are putting it all in writing (email) for me today.

The online publications spoken of are lies, hence there is no comments available online that I am supposed to of made.

Can I ask what your opinion is upon the advice issued by CAB above?

I am awaiting a reply from the courts as to the ‘stay’

**Daisy belle** · 22nd March 2021, 11:36:AM

Also, yes the postal address in the claim is mine.

**EXC** · 22nd March 2021, 11:45:AM

Don't get too hung up about the claim not being served by post, it's just a technical issue that doesn't give you grounds for a defence. In any event you need to acknowledge the claim within 14 days i.e. by 25 March.

Keep me posted on anything you hear from the court re the stay. Are the examples of the alleged defamatory statements in claimant's evidence dated?

Can I ask what your opinion is upon the advice issued by CAB above?

Yes good idea to get a free consultation with a solicitor. The CPRs on pre-action letters in defamation claims are here Pre-action Protocol for Media and Communications Claims - Civil Procedure Rules (justice.gov.uk)

**Daisy belle** · 22nd March 2021, 12:25:PM

Thank you. I’ll let you know when I hear from the court with regard to the ‘stay’
Really appreciate it.

**pt2537** · 22nd March 2021, 13:37:PM

Originally posted by Daisy belle View Post

Good Morning,
new here so please be delicate!

I’ve received a claim for libel. The contents of the claim (particulars of claim) are full of lies, false information etc. This person has been harassing me for a year now and is currently being investigated by the police.
They have ‘served’ via business email. Despite having my address. The court confirmed it was a legitimate claim but is currently ‘stayed’
can they serve via email even though they have my postal address?

can anyone help me? I’m scared to post too much info incase they see it.

Haang on a sec, they served you via email? Do they have the Courts permission? Have you agreed to accept service by email?

If they dont have a court order allowing service, then this would be my first point as it seems to me service is defective and the claim may not have been validly served. A good case to refer to is Sajid v Nuur

**EXC** · 22nd March 2021, 13:41:PM

Originally posted by pt2537 View Post

Haang on a sec, they served you via email? Do they have the Courts permission?

Yep I think that's been established now and the answer is no!

**pt2537** · 22nd March 2021, 14:30:PM

Originally posted by EXC View Post

Yep I think that's been established now and the answer is no!

Sajid v Nuur then, strike her out on grounds of defective service, and obviously the other issues too

Scared and confused over claim