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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

Scots' Law Defamation 1. To make a defamation claim, what

Resolved Question:

Scots' Law
Defamation1. To make a defamation claim, what form should be used?
2. For stating quantum, can I claim a set amount (and if there is no defence made ask for default).
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

I'm sorry, I responded to your question in error. I will opt out so that another expert can assist you. Thank you

Expert:  JGM replied 1 year ago.

I am a lawyer in Scotland and can help you with this. Typically a defamation claim would be raised in the sheriff court under ordinary procedure so you would use an Initial Writ. Under the ordinary cause rules this would be form G1 and a solicitor would generally draft an Initial Writ. If your claim is for less than £5000 you would raise it in the small claim or summary cause court and the relevant form for each of those procedures would be Form 1. If you raise the action and the other party does not enter appearance you can ask the court for decree in absence. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
thank you I have a question about how I should quantify the claim. Should I ask here or separate?
it is to ask
How should I quantify the claim. The results of the defamation include these
1. Many of people were told I had done misconduct at work
2. Many of people were told I had committed something serious
3. I got sick
4. There has been no apologies or make it right
5. I said it was wrong and I did not do wrong
6. I can prove I did not do anything like misconduct
7. One person who accused me it was their mistake but they were in charge
8. I cant get any help from dwp for months because it was called misconduct
9. someone else has been taken to do identical job
Customer: replied 1 year ago.
i have tried to rate but now it says refering to new solicitor
Expert:  JGM replied 1 year ago.

The quantification of a defamation action is based with reference to cases which have gone in the past. There can be several heads of claim, for example, actual loss of income, damages for injury to reputation, feelings etc. You of course may also have an employment claim for unfair or constructive dismissal. A full statement would have to be taken from you and some legal research done to properly quantify your claim. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Law
Satisfied Customers: 11544
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you