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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I require my particulars of claim to be checked to ensure they

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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.
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.

Sure, I am happy to do this If you accept the additional offer.
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks. I will look shortly.
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?
Customer: replied 2 years ago.


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:

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.



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



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



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

Ok, Thanks,