CPR53

[lisalegal]

hello all,

dealing with a claimant whose case was thrown out by the DJ as it failed to comply with CPR PD 53 PARA 2 (which sets out the particular matters that must be contained in a statement of case in an alleged action for defamation).

Now, maybe I am having a blonde moment but the CPR53 Para 2 has me totally confused and I cannot see clearly what the DJ is referring to.

Can anyone help me on this blonde afternoon? Maybe its the mid-week effect?

thank you, Lisa

[Judge mental]

Re: CPR53

Hi Lisa

CPR practice direction 53 - Defamation claims - paragraph 2

Any particular bit your struggling with?

Statements of case

2.1

Statements of case should be confined to the information necessary to inform the other party of the nature of the case he has to meet. Such information should be set out concisely and in a manner proportionate to the subject matter of the claim.

2.2

(1) In a claim for libel the publication the subject of the claim must be identified in the claim form.

(2) In a claim for slander the claim form must so far as possible contain the words complained of, and identify the person to whom they were spoken and when.


2.3

(1) The claimant must specify in the particulars of claim the defamatory meaning which he alleges that the words or matters complained of conveyed, both
(a) as to their natural and ordinary meaning; and

(b) as to any innuendo meaning (that is a meaning alleged to be conveyed to some person by reason of knowing facts extraneous to the words complained of).


(2) In the case of an innuendo meaning, the claimant must also identify the relevant extraneous facts.


2.4

In a claim for slander the precise words used and the names of the persons to whom they were spoken and when must, so far as possible, be set out in the particulars of claim, if not already contained in the claim form.

2.5

Where a defendant alleges that the words complained of are true he must –
(1) specify the defamatory meanings he seeks to justify; and

(2) give details of the matters on which he relies in support of that allegation.


2.6

Where a defendant alleges that the words complained of are fair comment on a matter of public interest he must –
(1) specify the defamatory meaning he seeks to defend as fair comment on a matter of public interest; and

(2) give details of the matters on which he relies in support of that allegation.


2.7

Where a defendant alleges that the words complained of were published on a privileged occasion he must specify the circumstances he relies on in support of that contention.

2.8

Where a defendant alleges that the words complained of are true, or are fair comment on a matter of public interest, the claimant must serve a reply specifically admitting or denying the allegation and giving the facts on which he relies.

2.9

If the defendant contends that any of the words or matters are fair comment on a matter of public interest, or were published on a privileged occasion, and the claimant intends to allege that the defendant acted with malice, the claimant must serve a reply giving details of the facts or matters relied on.

2.10

(1) A claimant must give full details of the facts and matters on which he relies in support of his claim for damages.

(2) Where a claimant seeks aggravated or exemplary damages he must provide the information specified in rule 16.4(1)(c).


2.11

A defendant who relies on an offer to make amends under section 2 of the Defamation Act 1996, as his defence must –
(1) state in his defence –
(a) that he is relying on the offer in accordance with section 4 (2) of the Defamation Act 1996; and

(b) that it has not been withdrawn by him or been accepted, and


(2) attach a copy of the offer he made with his defence.



Stuart

[lisalegal]

Re: CPR53

Stuart,

you are a diamond.

The CPR reference manual I have does not go into such detail on CPR53 so I am wondering if CPR53 has been altered or maybe its just my manual.

Now I have seen your post it makes a lot more sense.

thank you so much,

Lisa

[Caspar]

Re: CPR53

Lisa - use this link! Straight from the horses mouth and each CPR can be expanded and broken down into constituent parts.

[ARCHIVED CONTENT] CPR - Rules and Directions - Ministry of Justice