Please, this is rather urgent, how do I go about defending the striking out of a defamationclai? I am the Claimant, litigant in person, so far all going okay, please answer very soon if not before! e-mail :XXX@XXXXXX.XXX/tel : UK 01491 575995, thanks
System of Law: England-and-Wales
Just Answer UK Law
Hello,I will do my best to help you with this.Can you tell me about the claim please. What is your allegation and evidence? On what basis has the strike out application been made?
Well the situation is quite simple and I do in fact have a good case (I do a lot of medico-legal work as a translator/interpreter and I'm not totally daft either!!), he seriously and mysteriously defamed me in an e-mail on 12.11.11 (if you really want the wording I can provide it), I asked him to apologise (he sent the e-mail to me but copied it to my husband, my new rector and 4 other people), it was not in anyway sustantiated and ws in response to a courteous polite request for some minutes of a local meeting where certain local funds were being appropriated to a local projecd I politely opposed. Eventually in accordance with pre-trial protocol I sent him a Letter of Claim on 9.3.12, he did not respond within 14 days and therefore I visited the High Court in London they approved the claim (though they asked me to adjust my Particulars which I did and they accepted these by e-mail and served him with a writ). He then employed a firm of solicitors specialising in libel in the West End who have tried to frighten me off but at the risk of immodesty I know my story back to front and I have responded to them with (kind) but extremely rational responses. He has offered mediation (and eventually to pay for my side) but I know that all that will happen during this mediation is that (he's an odd guy) he will just use it to justify his awful persecutory untrue comments about me. I have told him I will drop my claim if he sends a simple (and I have suggested nice proper wording) e-mail to me copied to those copied apologising for my distress and retracting his awful comments and strangely and no-one understands this, nor my husband,nor doctors, nor friends,nor family, he simply refuses to write such e-mail (and because I am a litigant in person my costs are only £350. He has till 3/7 to serve Defence Partics and then of course I can respond to those but I know he is going to make an application to strike the claim out even though in black and white he has seriously libelled me. I know the Master/judge will eventually issue allocation questionnaires, then there may be a directions hearing or it may go straight to trial - is it definitely in front of a jury or can it just be before a Judge? So 2 questions, that last one but also when he applies to strike out my claim presumably I just rationally argue my case? I have doctors letters denying his claim plus a witness statement from a friend who has known me 30 years was outraged when she saw his comments and she is also a magistrate. She has written me a Witness Statement. Your comments please, million thanks : Ffion
HiIf you do want a jury trial, you are required to make an application 28 days after service of the defence. The judge will decide whether to order it but there is a presumption in favour of it. As for the potential strike out claim, from what you have said, it does not sound like it would stand much prospect of success. He would have to show that your claim is vexatious and/or ill founded, which sounds unlikely to me. If he raises arguments to that effect, you will have to put in a witness statement which shows that there is a case to answer.Please rate my answer OK SERVICE or above and I will gladly answer your follow up questions.Best wishes John
Solicitor and Advocate
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