Conservatives embroiled in defamation proceedings

Mr Justice Nicklin has presided over a hearing to decide whether a claimant (Mr Amersi) who has given over half a million to the Conservative party, should be allowed to amend his libel claim against another Tory. 

Mr Amersi issued proceedings for libel against an ex-Conservative MP, Charlotte Leslie. Mr Amersi alleges that Ms Leslie shared documents which contained untrue allegations about him with influential third parties, and that this caused serious harm to his reputation.

Mr Justice Nicklin heard arguments from Mr Amersi's counsel about why Mr Amersi should be allowed to amend his claim generally, and specifically to give more details about the serious harm he had suffered. The Judge seemed perplexed about why Mr Amersi had chosen to sue Ms Leslie, rather than other individuals who might also be alleged to have defamed him, as it was clearer what those other individuals had actually published. 

This caused Mr Justice Nicklin to comment that "the function of the court is not to provide a playing field for disputes" without investigating the merits of a claim. He added that the job of the court was not simply to referee disputes between parties, saying: "The court must not detach itself from reality in the sense to enable someone to spend an absolute fortune to litigate allegations that are less serious [than] allegations not being sued on."

Ms Leslie's counsel argued that the proposed amendments should not be allowed and the judge's decision is awaited. 

The arguments raised at this hearing highlight how important it is for claimants starting defamation claims, whether they are for libel or for slander, to plead their claims correctly from the outset. They also demonstrate that a claimant needs to consider very carefully who they should be suing. Mr Justice Nicklin appears to have made it clear that the court will not be impressed if a claimant decides to sue a defendant for personal reasons, when they could more easily have sued someone else who has made the same statements about them. 

If you are concerned about untrue statements which have been made about you, you should seek legal advice quickly as you only have 12 months to start court proceedings. If you are the victim of libel or slander and you want to claim damages, contact us today to find out how we can help.