Hi everyone. I'd like advice on starting court proceedings against two women that put a defamatory post about me on Facebook. It was in DEC last year so I need to get it started asap. Thanks
Defamatory post on facebook
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hi and welcome
you have a year in which to bring an action for defamation.
First of all, before even starting an action,consider if you can establish that the statement must have caused or would be likely to cause serious harm to your reputation.( Section 1 of the Defamation Act 2013 )
Secondly there is a preaction protocol which has to be followed before issuing court action https://www.justice.gov.uk/courts/pr...tocol/prot_def
Thirdly defamation claims follow the procedure in Practice direction 53 https://www.justice.gov.uk/courts/pr...rt53/pd_part53
Fourthly COST..defamation cases are held in the High Court where costs are high.
If you are serious about starting a defamation case, but have little experience of court, I would advise first having at least a (possibly free or fixed reduced fee) initial meeting with a solicitor to discuss your prospects and possibly a way to fund your case
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It is worth adding that the prospects of successfully proving defamation is actually quite challenging. Some of the factors that I would be considering would be is it worth it? Has it really caused serious harm to me? As Des pointed out the costs can and will very likely be more than the amount actually being claimed for. This just proves the amount of litigation that is needed.
I assume you've done your homework but it may be worth just having a read through this article below that that may help you.
https://www.blakemorgan.co.uk/traini...mation-claims/The information I supply is provided for informational purposes only and, should not be construed as legal advice.
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If the Facebook post is still on the site contact Facebook to give them notice of complaint in relation to the statement, set out why it is defamatory and ask them to remove it.
If they fail to act then they themselves may be subject to proceedings as operators of websites have certain obligations under the act.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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Hi everyone thanks for advice. The post named me and was public for four days and was shared over 70 times. She took it down on day 4, and because of the post I was spat at and also assaulted, not one part of it was true and I can prove it,it has caused me great distress and I very nearly took my life but I saw doctor a few times and am now on tablets.
maybe I should just forget it and move but I feel like they should be punished. Facebook was asked to take it down more or less as soon as it went on but they did nothing.
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