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County Court Case Against me Thrown Out - can I.....

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  • County Court Case Against me Thrown Out - can I.....

    The county court claim against me for defamation was thrown out with me being awarded full costs !

    Can I now publish the judgement handed down?

    thsnks
    Tags: None

  • #2
    Re: County Court Case Against me Thrown Out - can I.....

    Who was this against?

    Comment


    • #3
      Re: County Court Case Against me Thrown Out - can I.....

      A tradesman took me to the county court for defamation about a review I wrote for them !

      Comment


      • #4
        Re: County Court Case Against me Thrown Out - can I.....

        Is it being appealed do you know, it might be better to wait until you know

        Don't see why you can't state facts though

        Comment


        • #5
          Re: County Court Case Against me Thrown Out - can I.....

          It's not being appealed as I have just accepted a payment t plan for them to pay my costs !

          they have made comments about me on twitter before the case, I'd like to respond to each tweet with an image of the judgement

          Comment


          • #6
            Re: County Court Case Against me Thrown Out - can I.....

            Originally posted by dong View Post
            The county court claim against me for defamation was thrown out with me being awarded full costs !
            I'm pleased to see you successfully defeated a claim against you for defamation in the County Court.

            Claims for defamation are normally made in the High Court not County Court.

            What was the reason for this being dealt with by a lower court?

            How much damages was the Claimant attempting to claim?

            Di

            Comment


            • #7
              Re: County Court Case Against me Thrown Out - can I.....

              Originally posted by Diana M View Post
              I'm pleased to see you successfully defeated a claim against you for defamation in the County Court.

              Claims for defamation are normally made in the High Court not County Court.

              What was the reason for this being dealt with by a lower court?

              How much damages was the Claimant attempting to claim?

              Di
              They hired a solicitor who threatened the high court ! When they saw I wasn't going to be intimidated and I was confident in my defence they dropped the solicitor and filed their case in the county court !

              claims started off at large sums and went down to £9999 for county court

              the judge agreed they knew the claim should be filed in high court

              Comment


              • #8
                Re: County Court Case Against me Thrown Out - can I.....

                So was the claim

                (a) dismissed at Trial by the DJ (County Court) after hearing the evidence and deciding that the claim had no merit and costs ordered against the Claimant despite it being Small Claims Court (you say the claim was for £9,999).

                or

                (b) dismissed at Trial by the DJ who said the claim should have been made in the High Court (so not within his remit).

                or

                (c) did the Claimant Discontinue their claim and agree to pay your costs?

                or

                (d) another reason

                Di

                Comment


                • #9
                  Re: County Court Case Against me Thrown Out - can I.....

                  Originally posted by Diana M View Post
                  So was the claim

                  (a) dismissed at Trial by the DJ (County Court) after hearing the evidence and deciding that the claim had no merit and costs ordered against the Claimant despite it being Small Claims Court (you say the claim was for £9,999).

                  or

                  (b) dismissed at Trial by the DJ who said the claim should have been made in the High Court (so not within his remit).

                  or

                  (c) did the Claimant Discontinue their claim and agree to pay your costs?

                  or

                  (d) another reason

                  Di
                  I made an application to have it struck out as the count county lack jurisdiction to hear the claim.

                  They made a claim for default judgement as if filed my ack of service a day late but the judge accepted my ack of service as I had bad advice from court staff that resulted in it being late

                  there was a hearing where both sides stayed their case and the judge took 2 weeks to deliberate

                  Comment


                  • #10
                    Re: County Court Case Against me Thrown Out - can I.....

                    Great to hear you got their claim sorted

                    I'm not sure posting the judgement after their posts is the best plan.

                    The judgment order - does it say struck due to jurisdiction? If it's not a full judgment then it could just cause them to post further excusing the loss as down to process etc rather than acknowledging they were in the wrong, and could make things worse ( I've been there and understand how frustrating and upsetting it is)

                    Are their posts on twitter about you defamatory?
                    Have they replied to review posts elsewhere saying you have been defamatory ?
                    Are their posts causing you problems or is it in essence only you reading them ?
                    #staysafestayhome

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                    Comment

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