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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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Can a claim /libel be heard in the English Small

Customer Question

Can a claim for defamation/libel be heard in the English Small Claims Court? I'm pretty sure they cannot but thought I'd try an 'expert' opinion.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
To all intents and purposes, defamation claims currently have to be issued in the High Court. Unless the warring parties agree under section 18 of the County Courts Act 1984 to give the county court jurisdiction in their dispute, section 15 of the same Act provides that the county court does not have jurisdiction to hear and determine any defamation action. A claim can then find its way to the county court only if it is transferred there, by the High Court, under section 40 of the 1984 Act. If issued in a county court there would be an allocation process which would almost certainly put the case in the multi-track, you can not issue on moneyclaim online for defamation.
Customer: replied 2 years ago.
I think this is quite 'mean' of the 'system' but I have to rate you poorly so I don't get charged. The information you have provided is nothing new to me.
Expert:  LondonlawyerJ replied 2 years ago.
then why did you ask?