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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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What is the time limit defarmation

Customer Question

what is the time limit for reporting defarmation
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Please can you provide me with a brief background on your case?

Expert:  Jenny replied 8 months ago.

Hello my name is***** am a solicitor and I am happy to help you today. When did the act occur and have you tried to resolve this with the other party already?

Customer: replied 8 months ago.
The information I gave was the most important aspect of the matter; in other words, the person who was credited to have made the statements claimed to have known me, whereas he knew he had never met me before. He made the statements to buttress the position of the other party to enhance their chances of ruining my career. I have written every details, and its 35 pages including the references, attached. I have struggled to attach the document to no avail can you give me alternative means?
Customer: replied 8 months ago.
Can you give me email address to send the documents?
Customer: replied 8 months ago.
Can't attach the file
Customer: replied 8 months ago.
The act occurred in Jan 11 2011. it was repeated, in June 2013, I was not given this information at all until the professional body sent me a copy to answer the allegation in 2014, the hearing was postponed many times until 6 Sept 2016. I m just preparing for the hearing now when I came across it 2 weeks go
Expert:  Ben Jones replied 8 months ago.

What hearing are you referring to please? Is it a hearing by the professional body?

Customer: replied 8 months ago.
Now I am sure to have sent you the documents by email address [email protected] .co.ukRegarding tel phove discussion I would appreciate your suggestion if you are siure you could just file it in for me without beijng rejected
Customer: replied 8 months ago.
it is a hearing to a professional body
Expert:  Ben Jones replied 8 months ago.

The time limit for making a claim for defamation is actually governed by law, specifically the Limitation Act 1980. Under section 4A of that Act a claim for defamation must be brought within 1 year of the date on which the cause of action accrued.

In cases of libel this would be the date on which the statements were published. So technically you have to check when the defamatory statements were made to count the year from then and the time limit to make a claim would be at the end of that one year period.

Saying that, there is an option to extend this time limit, although that is entirely at the court’ discretion.

This is your basic legal position. I have more detailed advice for you in terms of the law on extending the time limit for defamation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
It was sent to me by HCPC around May 2014, but I did not see it until I started to prepare for the hearing in May this year.
Customer: replied 8 months ago.
I have done the rating and I would be happy if we can still get it done by requesting for time extension.
Expert:  Ben Jones replied 8 months ago.

There is some relevant case law to support the argument that the tie limit should be postponed in the event that the claimant did not know the defamatory statement had been published and only found out later. However, the circumstances of the delay would be considered and each case will be decided on its own merits. The relevant section in the Limitation Act 1980 allowing for such an extension is section 32A:

http://www.legislation.gov.uk/ukpga/1980/58/section/32A

An interesting and useful article on the case of Bewry v Reed Elsevier can be found here:

https://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/high-court-allows-extension-of-limitation-period-in-libel-claim-for-reasonable-delay

Customer: replied 8 months ago.
That's great then, please let. do it, because I am furious since the time I discovered it. Please let me now that you've got the document.Now if you read ity and agree, please, let me know when I can access your system back to discuss on telephone.Regards,Peters
Expert:  Ben Jones replied 8 months ago.

I am afraid I cannot make the claim for you or make a submission on your behalf for an extension - we are simply a Q&A service - I can tell you the law and your legal position but I cannot actually work for you outside of this site unfortunately so any claims or applications will have to be made by you or by you engaging a solicitor in person

Customer: replied 8 months ago.
That's fine the information you gave was helpful regarding the time limit.Thank you so much.Regards,Peters Aremu.
Expert:  Ben Jones replied 8 months ago.

You are most welcome, best of luck

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