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Defamation, litigant in person at high court.

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Hell Forum, anyone has experience of filing a case for libel against a newspaper?

Im in the process of filing a case as litigant in person as i cant afford solicitors and barristors, any help?

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Hell Forum, anyone has experience of filing a case for libel against a newspaper?

Im in the process of filing a case as litigant in person as i cant afford solicitors and barristors, any help?

 

Having done this in a professional capacity (against the Daily Mail, for a client), I can tell you they don't give up easily, and it's not an easy thing to do. They settled with us in the end, but it was a real battle, and both they and we employed QCs.

 

The most important thing I'd say is to be careful in terms of costs. An adverse costs order against you could prove very, very expensive! If you're claiming say £10k or more, it'd end up as a case that could cost you a significant amount if you lost. Trust me when I say that you don't want to pay a QC's bill.

 

Quick edit to add that you might want to speak to a Solicitor first, to see if they think you have a case. Most offer an initial chat free of charge, and if they're prepared to take your case on, you have some reassurance that it's not a bad case, if you decide to go it alone.

 

All the best with it.

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Try applying for legal aid.

 

Legal aid or whatever they call it these days isn't generally available for defamation (or much else now!)

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Quick edit to add that you might want to speak to a Solicitor first, to see if they think you have a case. Most offer an initial chat free of charge, and if they're prepared to take your case on, you have some reassurance that it's not a bad case, if you decide to go it alone.
Plus, if it looks a seriously strong enough case, they might take it on under a CFA.

 

That said, and noting that it's not my field (I've only ever dabbed -briefly- in corporate defamation, and only as 'kitchen sink' stuff at the pre-action stage at that), I understand from the professional grapevine/rule of thumb that libel/slander is notoriously 'handle with care' prickly stuff.

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Plus, if it looks a seriously strong enough case, they might take it on under a CFA.

 

That said, and noting that it's not my field (I've only ever dabbed -briefly- in corporate defamation, and only as 'kitchen sink' stuff at the pre-action stage at that), I understand from the professional grapevine/rule of thumb that libel/slander is notoriously 'handle with care' prickly stuff.

 

I wouldn't touch it now I have to say! I do bits of general civil, but not a chance would I go after a paper again, unless it was for a major client.

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Thank you all, the my loss has been reputation, over £100k earnings which will continue to add up until i get employed. Presently im a one man limited company and not much in assetts of the company what can they get even if they win. I feel i would at lwadt have my day in court with these scoundrals. Its not just one paper and journalist. They went and sold the story to other prints and different journalists have put their name to it.

Im just struggling with how to file my case in the high court?

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Guest

The court fee just to issue a claim with a value between £10,000 and £200,000 is 5% of the amount claimed and then there are additional fees for interim hearings and for the filing of documents etc.

 

Going to court is an extremely expensive process and as already mentioned, as well as paying your own costs, costs may also be awarded against you.

 

I would highly recommend you go and see a solicitor for some initial advice at least.

Edited by Guest
Amended

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I would second the above advice.

 

The court fees alone will run into several thousands of pounds and that's before you get embroiled in any correspondence and documents. As the claimant you will be responsible for all of the ground work including taking carriage of key document prep, evidence gathering, costs budgeting, and tasks such preparing bundles and representing yourself at preliminary hearings.

 

This is not a simple case about simply monies. You are going to have to prove and strongly evidence your claim and that burden is a heavy one. Lets not forget you are potentially taking on a national media organisation who will have their own team of extremely robust lawyers.

 

Furthermore if you have not even attempted initial dialogue to try and resolve this issue with sufficient warnings, formal letter before action and attempts to settle before issue, that will strongly be frowned upon by a court. Its not simple case of issuing papers and off you go to trail. There is a whole list of pre action steps to take

 

I'm certainly not trying to scaremonger but you really do need professional legal advice.

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I hear each and everyone and thank you for the words of cautions.

What would my liabilities be as a limited company to the third party if i were to loose case? Ive tried to seek legal advice, Andy 1976 cfa is not on offer, solicitors they want thousands up front to start exploring possibilities And get councils opinion. my firm a limited company has no assets a few quid in Bank so what can i loose? im sueing as the company not an individual. But at least i would be able to tell my side of the story. That is the real point here, not the money. The journalist told bare faced lies!

So how do i file the case? Thats the question?? Ive got 14 days to do it. ?

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Guest

No one here can give you legal advice, irrespective of whether or not they may be qualified to do so.

 

If what you mean is that you only have 14 days to issue your claim at court, you really need to seek immediate advice from a solicitor, though I have to say I would be very suprised if you will be able to find one who is able to get all the necessary work done ahead of that deadline.

 

Best of luck.

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I'm a solicitor Ikoe and bringing a defamation case against a newspaper is complex enough for a firm of solicitors, never mind a litigant in person.

 

I completely champion litigants in person bringing their own claims but for an area of law such as defamation...no way.

 

Good luck if you intend to pursue.

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