Warning: Don’t Make Cyberbullying + Reputation Management Pre-Action Protocol Mistakes
We have seen a 30% increase in cyberstalking and defamation enquiries for Feb - Apr 2020 as there was for the same period in 2019. It is not surprising that online reputation management related cases will increase during this time. Closed schools and quarantine mean more people are using digital platforms for more extended periods.
If you are going to seek an injunction or bring a reputation related claim, don't forget that last year pre-action protocols changed.
The existing pre-action protocol rules now cover media-related claims such as defamation, privacy and data protection. You should note the following changes to avoid delays and challenges to your case unnecessarily:
⁃ CPR 53: The Media and Communications List of the Queen's Bench Division is a special list of the High Court.
⁃ PD 53A and 53B: This refers to the decisions of the High Court who have the choice to transfer proceedings from one Division to another. In addition, new requirements have been created for Statements of Case.
⁃ In a general sense, there will be changes to the Letter of Claim such as including relevant details of "serious harm" and copies of any transcripts
⁃ More emphasis has been placed on ADR and encourages parties to use ADR as a first point of call rather than litigation
These rules were put into place to ensure that the law recognises the specialist nature of media and communications law.
For a full list of changes, follow the link below:
To obtain an accurate, personal opinion about your case or matter please contact us on (020) 7305-7491 or at support@pailsolicitors.co.uk we would be delighted to assist you. The writer is an intern member of the media and communications support team at PAIL® Solicitors.