Guidance on making claims for defamation
Defamation is a serious allegation and there are strict rules about how parties should make such a claim in formal legal proceedings. The court heard a defamation action brought by a litigant in person in the recent case of Mole v Hunter and gave a helpful reminder of what must be dealt with in the claim.
The claimant, Ms Mole, was a tenant of the defendant, Ms Hunter, who owned a house that she rented out on a multiple-occupancy basis. Relations between the two deteriorated, with the result that Ms Mole terminated her tenancy and issued a claim against Ms Hunter for recovery of her deposit. Ms Hunter counterclaimed, alleging that Ms Mole had published various defamatory statements about Ms Hunter in her capacity as a landlady both on the internet and via email. Ms Hunter claimed that this had damaged her reputation and made it more difficult for her to find new tenants.
Through no fault of her own, Ms Mole did not serve a defence to Ms Hunter’s counterclaim by the due date and the court granted Ms Hunter’s request to enter judgment in default on the counterclaim. Ms Mole applied to set judgment aside. She argued that the allegations of defamation in the counterclaim were insufficiently particularised and non-compliant with the Civil Procedure Rules (CPR)…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
A legal principle dating back to 1895 can bite when deals based on trust, often made between friends, go bad.
Case may prove key for victims seeking to recoup fraud losses from their legal advisers.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.