from the CR website..
Do I have to go to court to obtain redress for libel or slander?
Not necessarily. You first need to write a letter of complaint (or ideally instruct media lawyers specialising in defamation) under what is called the Defamation Pre-Action Protocol. The courts are keen for parties to try to resolve things without going to court, as this will save costs and time. Many disputes are solved without the need for court proceedings.
so the first stage would not be going to court...as you seemto think...it would be writing a letter...as i have previously pointed out...as the start of Pre Action Protocol....no court action is launched until an attempt to settle out of court is made...those are the facts...
Defamation Pre action Protocol.
The Defamation Pre Action Protocol is a code of practice which the parties to a dispute should follow when litigation needs to be considered. The protocol encourages both parties to disclose information to enable each other to understand their case and to promote the prospect of an early resolution. If a claim proceeds to litigation the Court can consider the extent to which the protocol has been followed.
Letter of Claim
The claimant should notify the defendant of his or her claim in writing at the earliest opportunity. The letter of claim must include the following information:
Name of the claimant;
Sufficient details to identify the publication or broadcast which contain the words complained of;
The words complained of;
The words complained of, the date of publication and a copy of the transcript of the words complained of should also be enclosed;
The letter of claim should describe the nature of the remedies sought;
Any facts or matters which make you identifiable from the words complained of and;
Details of any special facts relevant to the interpretation of the words complained of and or any particular damage caused by the words complained of.
Defendants Response to the Letter of Claim
The defendant should provide a full response to the letter as soon as reasonably possible. If the defendant considers they will not be able to respond within 14 days, or a shorter time specified in the letter, then they need to write to the claimant’s solicitor specifying when they intend to respond.
The Response needs to include the following:
To what extent the claim is accepted;
Whether anymore information is required as to the claim;
If the defendant accepts the claim in whole or part then the defendant needs to indicate the remedies it intends to offer;
If more information is required then the defendant needs to specify exactly what more information is required to enable the defendant to deal with the claim;
If the claim is rejected then the defendant needs to explain the reasons why its rejected and an indication of the facts on which the defendant is likely to rely on and;
The defendant should also include in the response to the letter, what meaning the defendant attributes to the words complained of.
Express Newspapers agreed to settle after a court date was set. In order for a court date to be set an application had to be made and a fee paid.
Associated Press agreed to settle before a court date was set. Therefore no application needed to be submitted to the Queen's Bench, and no-one needed to attend the court.
It's all in 'madeleine' by Kate McCann. In regard to Express Newspapers;
Adam and his partners agreed to take on the case on a no-win, no-fee basis.......It took a couple of months of legal to-ing and froing, but the Express Group finally conceded that their stories were untrue.
we also issued a formal complaint against Associated Newspapers......After a rather protracted series of negotiations we came to an agreement involving financial compensation and a front-page apology in the Standard.
