Defamation online case

[des8]

Well good luck, but quite honestly as others pointed out there are strict procedural rules and the result for not complying is an adverse costs awards

[Barefoot]

Thanks everyone I understand the strict procedural rules will be my downfall but will the court not clamp down on jmw for misleading it by saying they all turned up with no knowledge I was wanting it adjourned for health reasons? They' said because of this in the 1st hearing that didn't take place I should pay a barrister and 2 senior solicitors costs? Surely strict rules are not to tell lies to try and bump up costs and mislead the court? I will now get more costs against me because I have brought to the courts attention that he was lied to.... I just don't get it tbh as I thought they would be liable for being in content of the court..

[des8]

Be careful about accusing them of lying.
You might just antagonise the court.
People do not lie, they are mistaken
Show the court your evidence and let the court draw its own conclusions!

[Manxman]

Not wishing to derail this thread, but.... surely the OP could not just have filed a defamation claim online? Is that possible?

[Barefoot]

Not wishing to derail this thread, but.... surely the OP could not just have filed a defamation claim online? Is that possible?

This is another bone of contention I googled claims and the new government site was available for online money claims of up to £10k closing £410 to apply. It tells you to continue to see if you are eligible to use the service. I carried on with all the info and my claim was for defamation. When I had put all the details in and attached the texts etc as evidence it said that they would accept the case and send it to the defendant. I had no idea it cannot be heard in a county court as it accepted my case and as you have all read as did a barrister 2 solicitors and a judge yet I am at fault it seems! Most on here say its my fault for not following the correct procedures but the government website thought it was fine as well! As for not calling people liars I wouldn't in a court but I don't need to i sent the the same email I sent to the court and they replied to it then when asked by the judge if Mr Moore had sent you or copied you in they all said no.

[Barefoot]

Please look under number 4 it says defamation under claim amount items, this is from my online log in file.

[R0b]

Neither the court nor the staff are your legal advisors and ignorance of the law is no defence. The court will process your application on the assumption you are aware of the rules, it's not their job to stop to tell you what you can or can't do.

The Money Claims service you used is the Online Civil Money Claims service which is currently in a pilot scheme. It is governed by Practice Direction 51R under the Civil Procedure Rules - the CPR governs the legal process so that is your first port of call for anything procedural. Under PD51R it clear says this (see underlined):

2.1(5) If the claimant decides to use Online Civil Money Claims, this practice direction applies. This practice direction contains provisions that apply generally to claims in the pilot, and also specific provisions that apply to claims selected to test new features. Where provisions in this practice direction conflict with other provisions in the Civil Procedure Rules or other practice directions, this practice direction takes precedence until the claim is sent out of the pilot. Once the claim is sent out of the pilot, this practice direction will no longer apply. The rest of the Civil Procedure Rules and practice directions, however, will continue to apply to the claim, along with any changes to the Civil Procedure Rules or other practice directions made by this practice direction or orders made by the court to enable the claim to be sent out of the pilot successfully.

As already pointed out, you are expected to understand the rules and if you decide to issue a claim without doing any research, well it is your fault and it's a harsh lesson to learn, but your fault nevertheless.

Suggest you follow what Des said, show your evidence and if you have an opportunity, you should make the court aware that these proceedings have stemmed from a claim that a court had no jurisdiction. All proceedings should be halted pending any application/appeal for you to set aside the judgment on that basis. You can refer to Practice Direction 7A, paragraph 2.9 and also section 18 of the County Courts Act that des pointed out - you will need to print those sections and provide them in court as evidence.

That's probably the best you can do, but a judge may also refuse your request in which case you are back to square one and ball in your court.

[Barefoot]

Neither the court nor the staff are your legal advisors and ignorance of the law is no defence. The court will process your application on the assumption you are aware of the rules, it's not their job to stop to tell you what you can or can't do.

The Money Claims service you used is the Online Civil Money Claims service which is currently in a pilot scheme. It is governed by Practice Direction 51R under the Civil Procedure Rules - the CPR governs the legal process so that is your first port of call for anything procedural. Under PD51R it clear says this (see underlined):



As already pointed out, you are expected to understand the rules and if you decide to issue a claim without doing any research, well it is your fault and it's a harsh lesson to learn, but your fault nevertheless.

Suggest you follow what Des said, show your evidence and if you have an opportunity, you should make the court aware that these proceedings have stemmed from a claim that a court had no jurisdiction. All proceedings should be halted pending any application/appeal for you to set aside the judgment on that basis. You can refer to Practice Direction 7A, paragraph 2.9 and also section 18 of the County Courts Act that des pointed out - you will need to print those sections and provide them in court as evidence.

That's probably the best you can do, but a judge may also refuse your request in which case you are back to square one and ball in your court.

Thanks good advice but why does nobody comment on the responses from jmw to the court? If I have to know the rules and regs should they not know they cannot mislead a court as they did? My email trail is irrefutable that I did send them an email yet they sais I didn't?

As for it is up to me to know the law regarding a county court and its jurisdiction should a judge and a barrister plus 2 solicitors not know also? Yes I should not have presented it through a county court but surely the court should have not allowed the claim to proceed as the law says a defamation claim must be in high court?

[R0b]

That's for the judge to decide, not us nor do we know the ins and outs of your case. Nobody can predict what a judge is going to say or do, all you need is to put your best evidence forward and see what the outcome is.

If they are found to have misled the court then the judge will not likely award their costs, that's the simple logic that follows.

[Manxman]

Barefoot - I realise this is no comfort to you now, but defamation cases are notoriously difficult to fight (for both claimant and defendant) and will almost always end up being enormously expensive with possibly both parties out of pocket.

Nobody should contemplate making or defending a defamation claim without legal representation (or at least advice).