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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4022
Experience:  Senior Associate Solicitor
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Can i take a case of defamation, libel through the small

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can i take a case of defamation, libel through the small claims court?
JA: Because laws vary from place to place, can you tell me where this is?
Customer: Cheshire England
JA: Has anything been filed or reported?
Customer: pre action protocol leter of claim has been issued and ignored
JA: Anything else you want the Expert to know before I connect you?
Customer: happened on social media

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

You have come to Australian Law

I will pass you onto a UK lawyer

Please be patient

Regards

Leon

Customer: replied 28 days ago.
i run my own business, i have been called a racist, and that i insult families at our childs school and also have insulted children with disabilities.The defendent claims to have screen shots of my remarks(which i know dont exist) but she will not allow me to see them evan after i have requested thethrough the freedom of information act. Ihave also requested any information held about me from the school PTA which she is a member of and claims that they have disscussed me.Again no information has been received.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

The small claims track is reserved for money claims up to £10,000 in value, not defamation claims. So if you issued a claim in the usual way, it would be transferred to a regional county court and allocated to the multi track (due to the complexity of defamation cases).

Due to the complex nature of these cases it would be recommended that you have a law firm acting for you on a no win no fee basis. I can recommend this one: https://www.samuels-solicitors.co.uk/news/defamation-claims

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 28 days ago.
is the defendant doing anything wrong in not responding to my letter of claim and not providing information under freedom of information act and if so what can i do about it?

Yes as they are under a duty to try and avoid court proceedings so if they ignore the letter then there's nothing to stop you from issuing at court and seeking your costs from them (if you win the case). Their pre-action conduct will be taken in to account when costs are considered. If they have information on you then a request under GDPR would be appropriate - General Data Protection Regulations - if they refuse then the Information Commissioner can fine them (heavily). Let me know if you want further details

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4022
Experience: Senior Associate Solicitor
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