Slander/libel counterclaim

[Smudge18]

I need some advice. I had a fence installed by a local contractor 6 weeks ago and who I am now planning to sue in the small claims court for a full refund due to very poor workmanship. Initially he agreed to come and speak with me about the issue but informed me I would have to wait as he had other customers booked in. Things quickly escalated as I found far more problems with the fence and when I raised a couple more issues he became very angry on the phone and intimidating so I informed him not to come round as I needed to get a second opinion on the fence. It was clear that he was not at all happy that I wanted to get a second opinion, I called over 20 contractors, the first 4 knew of this trader and informed me his work was very poor, I was unable to obtain a report on the fencing as all the contractors, both locally and further afield did not want to provide a report for fear he may attack their business via social media.

have managed now to get 3 independent reports which all confirm very poor workmanship and the fence needs to come down and re-done. The trader initially offered part refund and to re-take back the fence when I informed him I was taking the matter to court. I declined his offer as I would not only be £1,000 out of pocket but with no fence and he had dismantled my old fence. I have informed him a letter before court will be sent to him shortly and I intend to take the matter to the small claims court. However, for weeks now he is clearly attempting to not only intimidate me but I believe frighten me by informing me that I have slandered his company to other fencing contractors, the public and on social media and that he has evidence that people have approached him informing him I have slandered his name. It is clear he knows many people in the town and is obviously approaching his friends in at attempt to get them to make unfounded accusations about me.. He has sent me countless emails insisting I give him the names of the contractors who have provided me with a report and copies of the report which he states he is entitled to, also that he wants to speak to them but I have declined and informed him on numerous occasions that this would be down to the discretion of the court, these third party contractors are too fearful of the backlash they may get from him. Also the day he finished the fence he posted pictures on his FB company page to which I had to request 3 times for him to remove as I was not happy with the fence and felt he was promoting his business, I got a load of messages from him stating under the Data Protection Act he was entitled to post them but he did eventually removed them. However I was informed a few days ago that he had pictures posted on Instagram so I decided to write a review on his company FB page, I just asked that he remove the pictures immediately as he knew I was taking the matter further. and had requested he remove pictures previously from FB. He replied to my review stating he had offered to come and rectify the issues with the fence to which I have declined on multiple occasions. Because he decided to respond to my review and will not acknowledge that there is more than 2 issues with the fence and has informed me there is no damn way the fence needs to come down, I replied to his response by detailing every issue the 3 reports have found and that the fence was sub-standard. He has informed me once he receives a letter before action from me, he is going to claim compensation for defamation of character and slander. Would he be able to counter claim in the small claims court. I have never slandered his company or name but he is accusing me of approaching other contractors which I have to do in order to gain a report and of course they asked who did the work to which I had no option but to tell them. I guess what I need to know is, can he counterclaim for defamation, can he insist on me providing the names of the contractors who have issued the reports on the understanding that their names are not divulged to him, and could he sue for the comments I made when leaving a review, I have stated facts. He has accused me of editing the third party reports which is nonsense, I just sent him copies but obviously deleted the names of the contractors. Any advice would be appreciated.

[EXC]

In short a claim for libel cannot be started in the county court.

CPR 2.9.(1) has always said that claims for libel can only be started (but not necessarily heard) with the written agreement of both parties PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

But this has been superseded by CPR 53.1(3) which explicitly says that defamation claims can only be issued in the High Court PART 53 - MEDIA AND COMMUNICATIONS CLAIMS - Civil Procedure Rules (justice.gov.uk)

They are multi-track cases and as such are the most expensive and procedurally burdensome types of litigation. Just the hearing fee alone is £1100 and a claimant couldn't hope navigate a case without legal representation.

On disclosure, anything you file with the court must be served on the other party. There are several ways he can request additional evidence/information but ultimately it is for the court to decide if you should provide it.

[islandgirl]

I think I would just carry on with my small claims court claim and let him bluster...

[Smudge18]

Thank you for your advice. I only managed to get third party reports on the fence by agreeing that I would withhold the names of the contractors providing the reports as they are all concerned that contractor who installed the fence may well attack their business via social media. When I submit papers to the small clams court, what are the chances that the judge will release this information to the Defendant,. All 3 reports find the same defects with the fencing and state it needs to come down. I am just worried that having given assurances that names will not be divulged, the judge may override this but do not see what it would achieve, especially as I have 3 independent reports.