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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I previously asked for advice as a Defendant in a libel claim

Customer Question

I previously asked for advice as a Defendant in a libel claim which my company and associates are defending without counsel. Our Defence is due in at the beginning of next week and in the meantime, I have been sent by the Claimant's solicitors, a copy of what their solicitor claims to be Gatleys 12th edition which, as we are representing ourselves, he has suggested to give us guidance in producing our Defence! The question here is that although the covering page he sent states "Gatley 12th Edition", we believe that he has then sent pages from the 11th edition, as none that he sent us, mentions the plea of truth - only about the plea of justification.
To save buying Gatleys or having to visit a library to get access, we want to know if the Claimant's solicitor has sent us the wrong pages - he sent pages 1029 to 1039 - all of which are talking about justification. We understood that justification has been replaced in the amended Defamation Act with "truth".
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
JACUSTOMER-m2mi9kox- :

Hi Alex, you helped me a few weeks around 9th/10th January. As per my question, we believe that we are being misled by our opponent's solicitors, under the guise of "helping us" to prepare our Defence. As per my original question, I need to know whether the 10 pages 1029-1039 are in fact Gatley's 12 edition, or as we suspect, Gatley's 11th edition. The charge against us relates to links they claim defamed them, that we published on our website in September 2013, where at that time, the argument we would have used would have been justification. Since the law changed in January, but the so-called offence we are accused of committing was in September - which plea should we be using - Justification, or Truth?

Alex Watts : Sadly I don't have access to this book so I will opt out for others.
Alex Watts : All the best with this.
Expert:  Nicola-mod replied 3 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

Please cancel the question as it has unfortunately taken too long! Thanks anyway - presumably I won't get charged for this?

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