How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I require my particulars of claim to be checked to ensure they

Resolved Question:

I require my particulars of claim to be checked to ensure they comply with the provisions of CPR Part 53 and the Practice Direction 53.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi, I issued a defamation claim. At the case management conference the master was concerned that the particulars of claims where not clear.

As such it was ordered to file an amended particulars of claim that comply with CPR Part 53 and the Practice Direction 53.

I have done this and wish someone to take a second look at my revised document should I have made a mistake.

Expert:  Ash replied 2 years ago.
Sure, I am happy to do this If you accept the additional offer.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Expert:  Ash replied 2 years ago.
Thanks. I will look shortly.
Alex
Expert:  Ash replied 2 years ago.
I am concerned about this:
45. Damages for hurt feelings and distress, to serve as a sign of vindication and to compensate for actual injury to reputation caused.
You can't claim for hurt feeling or distress, it can ONLY be serious harm. So if you have suffered this it can't be claimed. You can only claim for serious harm
46. An injunction to restrain further publication of the defamatory statements by the defendants.
If its a Google search, isnt it Google you would need to bring in to have this removed?
Alex
Customer: replied 2 years ago.

Hi

Ref Paragraph 45. Are your comments because of changes in the defamation act 2013, or the way I have set it out in my document.

From my research I had concluded that the purpose of defamation actions was as stated at Paragraph 45. See here:

http://www.5rb.com/case/al-amoudi-v-kifle-another/

http://www.pannone.com/media-centre/blog/personal-injury-blog/compensation-for-hurt-feelings

http://www.boltburdon.co.uk/private-clients/dispute-resolution/defamation/

Ref Paragraph 46. I will refine this to make it clearer. I mean to say to stop the defendants publishing the same statements elsewhere and removing the actual current publication, not the link from google which only exists because the publication exists.

Are you satisfied that the particulars meet pd 53 in terms of the body of the claim.

Thanks

Russell

Expert:  Ash replied 2 years ago.
Yes I am happy with everything else.
it makes it clear, you set out the publication and what was said, etc.
Does that help?
Alex
Customer: replied 2 years ago.

Hi,

thanks,

can you just clarify your comments about paragraph 45 as this seems to be different to that which I read online.

Thanks,

Russell

Expert:  Ash replied 2 years ago.
If you can show SERIOUS HARM - you have a valid claim.
Does that clarify?
ALex
Customer: replied 2 years ago.

Ok, Thanks,