Default Received summons - how do I change hearing to another magisterial district?

[jonnoxx]

The first email was not damage causing as it was not sent nor intended to reach a third party.
The recipient sent it to others.
The issue is the second email, which was sent to others. This could be damage causing as it was sent to third parties. This tempered by Tehran fact that the intended recipient had drawn those others in.
Whether damage flows from the second email would turn to a large extend on the content and it's relAtion to the first email.
If get second email was a continuation of the allegations and thought patterns of the first then it is unlikely to hold up.


If it is totally new, then it may be a cause for action. However, damage to reputation is calculated on what was said and where and how many heard about it.
An arrest televised would clearly be more damaging than 10 cop cars getting you at home.
Against this background, give the recipient sent on to others, it would be unlikely that he suffered reputation harm.
Given that summons has been served, you need to put in an opposition notice and start going through the processes.
In the interim I would have a letter sent setting out that this seems a frivolous law suit and you will seek an adverse costs order.
Importantly, if the summons does NOT refer to the email being sent to others, then you should except to the summons as not establishing a cause of action.

Thanks very much for this insight. Could not agree more. And I have already issued notice to defend, and begun working on the pleadings (hence the reason I popped up on this forum).

But ... there is more ...

I have emailed the "Notice to Defend" to the Plaintiff's attorneys, and asked them to stamp it to confirm receipt, so I can then fax this "confirmed-receipt" to the clerk of the court.

BUT ...

The Plaintiff's attorney's are now delaying sending this confirmation back to me because they are "waiting on further instruction from their client".

Hang on ...

Now, yes, I do understand that I don't actually legally need to get this voluntary proof that I am asking for. I could - and may still just have to do it anyway - just fax my Notice to the clerk of the court accompanied by proof that I had delivered copy of same to the Plaintiff's attorneys.

But this is not the normally expected development. It appears to be a sign that all is not well at the Plaintiff's attorneys? That ... maybe ... this summons was just a bluff.

I have previously warned the plaintiff and his attorneys, that taking this matter to court will be a very ill-considered move - because the adverse publicity will blow up in his own face. I have always sought to come to a mutually amicable agreement in regard to this matter, and have sought to provide the plaintiff with a face-saving mechanism - for his own reputation - to resolve this impasse. All such entreaties have been spurned.

So airing this matter in open court will be an opportunity for me to lance this scandal once and for all.

But now, it appears from this hesitation, that he's having second thoughts. And genuinely, I'm glad that sensible wisdom is - at last - coming into the picture.

Obviously he can withdraw the case. But what can I then do to recover my costs, and try to force this issue to a finality that suits me ie he is forced to agree my allegations have substance, and apologizes for them, and complies with any reasonable directive I would wish to impose as a precondition to accepting his apology???

I can file a counterclaim - but would that be the best strategy?

Yes, this is definitely Sunday Times material. And we are heading there - just getting all the ducks in a nice neat row, and having to chase the others from hiding in the bushes.

[sterne.law@gmail.com]

I would not worry to much about the notice issue.
The responding pleading anyway needs to be served by sheriff.
If they withdraw the matter then you can seek costs.