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Can I challenge inflamatory comments in response to Particulars of Claim

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  • Can I challenge inflamatory comments in response to Particulars of Claim

    I wondered if fellow Legal Beagle community members might care to advise me please? I have launched a money claim against an individual who owes me money. In response to my Particulars of Claim, the Defendant has made some fabricated sensational and damaging remarks which has a bearing on my employment. Would it be proper for me to warn the Defendant that, whilst I dispute their purported defence in the strongest terms possible, I must ask that they retract the offensive comments or else I will sue them for defamation. Would this be the right way to go about it? The case is still in case management and the Allocation Questionnaire is due on 31 January 2020. I would be grateful for your guidance and advise.
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  • #2
    Where have these remarks been made - in their defence to your claim ? Or to your employer, published on social media etc ?
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    • #3
      Assuming those remarks were made in their statement of defence you cannot sue for defamation with any hope of winning.
      Statements made in judicial proceedings are protected by absolute privilege.

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      • #4
        Personally I would set the record straight via a Reply to Defence, but don't go crazy responding and instead just a concise denial for the record.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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