Letter Before Claim & Protective proceedings

[workingman05]

Hi All,
My first post hoping someone could add some value to my question

I received a Letter before claim 29 January 2021 concerning an allegation of Defamation and Harassment via a Facebook Page group.
This was the first i have ever heard of the claim , but within the Letter before Claim its stated

Our Client will serve High Court proceedings on you, which have already been issued at the high Court protectively 6 Jan 2021.

Would this be normal for a Claim to be served protectively without informing me of this matter ,

The LBC never offered ADR or looked to resolve the matter just made 6 demands

Then went on to state

" In the event that you are not willing to comply with the above request , our clients will serve High Court proceedings on you, Which have already been
issued at the High Court Court protectively and in which you have been named as a defendant" .

The Claim is a Multi defendant claim and is for in excess of £5 million.

I'm working as a LIP and the claim is currently stayed after the PTR .

I'm learning as I go but feel the action of service and the lack Pre action Protocol don't seem to fit CPR.

regards

[R0b]

Hi,

Forgive me but what's your question?

Also what do you mean by PTR?

[workingman05]

Hi Rob , Pre trial review My question was firstly about Protective proceedings served without the defendants been aware .was this normal that a claimant goes straight to the cost of serving in court without attempting to resolve matters .

[atticus]

The word "protective" refers to the court proceedings having been issued before expiry of the 1 year limitation period, to protect the claimant from having his claim time barred. I infer that 6 January 2021 was very shortly before expiry of the limitation period. The pre-action protocols make it clear that this is what a claimant must do in such circumstances.

[R0b]

As Atticus has said, the relevant pre-action protocols recommend that proceedings are issued if there are limitation issues and there's numerous case law on that subject. the phrase 'issued' means when a court has stamped and issued the claim form and then the claimant has four 4 months to serve the claim form form the date of issue.

In between that time, the claimant can then follow the requisite pre-action steps whilst maintaining their right to serve the claim form if no agreement is reached. I presume that having had the PTR the claimant has served the claim form on you within the 4 month period but I'm curious why the court has decided to stay proceedings following the PTR, usually the court would fix a trial date, timetable for disclosing documents and bundles etc.

[workingman05]

The claimant served the protective part on 6 January 2021 but never sent the Letter before Claim until 29 January 2021 I requested Perma links to the posts on Facebook they stated were defamation, this was requested i followed the correct process requesting further information , then then just served on the 5 May 2021. The claim is stayed as HHJ Lewis stated the Particulars of claim wasn't fit to meet CPR . In open court he called the case
"A SWAMP". the Claimant is seeking permission to amend the POC .

[atticus]

OK... but how can we help you?

[atticus]

PS are you sure the judge said "Swamp" and not SLAPP?

[workingman05]

Hi Atticus , The words used were Swamp but this is shaping up to be a SLAPP case and the SRA are also involved