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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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What is the correct form to issue proceedings ?

Resolved Question:

what is the correct form to issue proceedings for libel? What is the court fee payable? Which court should this be issued in? Can I do this at Basingstoke County court?

Submitted: 1 year ago.
Category: Law
Expert:  tdlawyer replied 1 year ago.
Hello thank you for your question. My name is ***** ***** I can answer this.
Your claim could be issued in the county court using an N1 Claim Form. You can get this from the HMCTS website. Your fee would be 5% of the damages claimed if you sue for more than £10,000, up to a maximum few of £5,000 if your claim is unlimited in value.
Hope this answers your question.
Regards
Tony
Customer: replied 1 year ago.

thanks for that.

N1 seems to be just the same form as for a small claims of money owed?

Can I really use this for a libel case? and so can I use the MCOL service imnstead of actually filing in person in a court?

What I am struggling with is how do you put a value on a damaged reputation? I dont know how many people have not engaged my services as a paramotor instructor since the defamation was published. I only know that the remarks are likely to "lower me in the estimation of right thinking would be trainees".

So how do I set the damages and therefore the court fee? I am more concerende to have a retraction and apology published.

Expert:  tdlawyer replied 1 year ago.
You can't use the online service that's for money claims only - debts basically. Your claim is different. You do use the same N1 Claim Form. There is only really one other claim form and that's not used very often. N1 is used a lot!
You limit your claim value for the purposes of the court fee then the court will assess damages later on by reference to what loss you might have suffered. It's always hard in these cases to come up with a figure.
So, for example, you might say you seek no more than £20,000 damages and pay a fee of £1,000 to issue the claim. If a larger sum is awarded the court can allow you to pay the extra fee at the time of the award.
Regards
Tony
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thats really helpful.

Is it the case that I can claim say 5000 in lost earnings as an estimate and then the judge may decide the harm done to me warrants a higher figure over and above the actual financial loss? But I dont have to ask for that in the claim form?

I will rate you now and thanks for your help. This is my last follow up. I hope I have not asked too many questions!

Customer: replied 1 year ago.
where do I submit the claim. I wsent to the County Court in Basingstoke but they would not accept it. Winchester Court said that Basingstoke could accept High Court matters but Basingstoke said it could only be submitted in the High Court in London.
Is this true that every libel action has to be submitted in London? No email service? Can it be mailed?
Expert:  tdlawyer replied 1 year ago.
Yes, you issue defamation claims in the High Court, Queens Bench Division. You can do this at regional centres (District Registries), but it's best to do it through the Royal Courts of Justice in London.
Not all High Court District Registries have jurisdiction to deal with all types of matters, but the RCJ can deal with everything. So, its always best to use the RCJ.
You ask for damages to be assessed as it's hard to put a figure on them now.
You can't serve via email unless the defendant agrees - I've never known this happen in practice and it's usually best to use postal service.
Hope this helps.
Regards
Tony
Customer: replied 1 year ago.

Yes very helpful. I got through to RCJ after a long ring. Very helpful chap is meeting me there tomorrow and taking my application with me to a Master on Duty? to check it over, that's a service they do for litigant in person.

Anyway thanks for getting me to that point. How do I access you for further questions on procedure? I am happy with my evidence but am struggling with procedure. the defendants have already tricked me with a standstill agreement and only made response to my pre-action letters today, the day before the deadline with a nonsense defence and without prejudice offer that was unacceptable. I dont want get caught out again. I can cope with straightforward timetables but do not know what tricks can be used against me to gain advantage.

Can I pay a monthly fee and get access to you for such questions? or do I take pot luck who is online when I need the answers?

Is there any pro-bono representation to help Mr Average get access to justice in this very expensive type of litigation? I have a very strong case and just want it heard by a Judge.

Expert:  tdlawyer replied 1 year ago.

Hi - no problem, pleased to help. For what it's worth - the RCJ check what solicitors send in too!

You can pay a monthly fee here, and I will send customer services an email after this post, and they will contact you about this.

I'm not always on here, as I do this part time, but there are always solicitors online to help out. If you want me to answer your questions, them mark them "FOR TONY ONLY" and the moderators will make sure I get it for you.

Good luck with your claim!

Regards Tony

Customer: replied 1 year ago.

Thanks.

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