Lawyer in hot water over libellous law firm reviews

In a recently decided High Court preliminary trial, (TWH Legal Services Limited t/a B&L Solicitors & another v Shanaz Niazi & another), a probate executive was found to have published defamatory reviews of the law firm she worked for, at a hearing to determine the meaning of the words complained of in defamation. 

The case was unusual because at the meaning hearing, the defendant agreed with the claimant's interpretation of the reviews she had published. 

What is a meaning hearing in a libel case?

In most libel or slander cases, the parties will be ordered to attend a preliminary trial to determine the meaning of the words complained of by the claimant. This is known as a meaning hearing. The claimant sets out their version of the meaning in their particulars of claim when the claim is issued. Prior to the meaning hearing, the defendant has the opportunity to set out to the court and their opponent, what their interpretation of the meaning of the publications is. 

There is then a High Court hearing, at which the judge decides what the actual meaning of the alleged defamatory words is. The judge can either agree with the claimant or the defendant's meaning, or they can interpret the words entirely differently, and come up with their own meaning. 

Assuming the judge agrees that the meaning of the words is defamatory, the claim will then proceed with the defendant having to file a defence. 

The costs of dealing with the meaning hearing are usually dealt with at the end of a case, depending upon who ultimately wins or loses.

What happens after a meaning hearing?

After a meaning hearing, and after the judge has given their judgment about the meaning of the words complained of in defamation, the steps which must be followed are:

• the defendant files their defence to the claim;
• each of the parties has to disclose their documents to the other;
• the claimant and defendant have to exchange witness evidence; and
• there is a final trial.

However, most cases do not get all the way to trial. A large proportion of cases tend to settle quite quickly after a meaning hearing, depending upon whose meaning the judge prefers.

What were the libellous solicitor reviews?

In the TWH Legal case, three reviews of the law firm and the solicitor who owned the firm, were published on two different internet platforms. Various allegations were made, including that:

• the solicitor was a liar, incompetent and unscrupulous;
• the law firm and the solicitor had acted fraudulently;
• the solicitor had stolen a number of wills from another law firm; and
• the solicitor should not be allowed to practice.

These are clearly very serious allegations to make against a solicitor and a law firm. 

The judge found that the allegations were defamatory and that they were a mix of statements of fact and statements of opinion. 

Unusually in this case, the defendant did not put forward alternative meanings for the words complained of - the defendant simply agreed with the meanings the claimant had put forward. 

However, the judge exercised discretion and came up with different meanings (mainly because the three different reviews used different words, and therefore had to be interpreted differently), although the judge's meanings aligned closely with the meanings put forward by the claimant. 

The case will now continue in the usual way, unless it settles.

How to deal with a meaning hearing in a libel claim

If you are a claimant in a libel claim, it is very important to ensure that your particulars of claim set out properly the meanings of the words you complain about. The judge in the TWH Legal case made it clear that it was inappropriate for a claimant to simply ascribe the same meaning to different publications, where the wording of those publications was different. A claimant therefore needs to think very carefully about what the meaning of each of the separate publications is, and set out each of those separate meanings in their claim document.

If you are a defendant in a libel claim, and the judge orders a meaning hearing to take place, you will need to set out in a statement of case prior to the hearing, the precise meanings that you ascribe to each of the publications. Again, it is no good to simply use one meaning if there are multiple publications where different words are used. It is very unusual for a defendant to simply agree with the claimant's meanings, as the claimant will typically try to interpret the words in the most harmful way possible (which is generally not permitted by the court). The defendant has the opportunity to argue that the meanings were not as serious as the claimant contents, or not defamatory at all. 

All meaning hearings are dealt with in the High Court by specialist judges, and there are strict rules and procedures which have to be adhered to by all parties. 

It is generally advisable to seek legal advice from a defamation expert prior to a meaning hearing, as the outcome of the meaning hearing generally reflects who will win and who will lose the case as a whole. 

Do you need legal help with a meaning hearing?

The sheer volume of libel on google reviews and on other online platforms means that the number of libel claims being dealt with by the court is increasing. Claimants and defendants alike may find it difficult to navigate the complex rules of litigation in the High Court, which can lead to valid claims being struck out for procedural reasons. 

At Samuels Solicitors LLP we have many years of experience in helping both claimants and defendants deal with meaning hearings. We can assist with:

• amending particulars of claim to include properly drafted meanings for a claimant;
• drafting statements of case for a defendant to set out their meanings properly and in accordance with the rules;
• capturing evidence from the internet to ensure that evidence is preserved effectively for the purposes of the case;
• preparing electronic bundles for meaning hearings in accordance with the court's strict rules;
• arranging for representation at meaning hearings; and
• ensuring that costs schedules are submitted at the right time and in the correct form, to maximise your chances of be awarded your legal costs.

If you need legal help with a libel case, one of our experienced lawyers will be happy to speak to you. Contact us today for a free initial discussion.