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73.1 This part deals with claims for damages for libel or slander.

Claimant's statement of case

73.2 The claimant's (or in the case of a counterclaim, the defendant's) statement of case in a defamation claim must, in addition to the matters set out in Part 8 -

(a) give sufficient particulars of the publications in respect of

which the claim is brought to enable them to be identified;

and

(b) where the claimant alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, give particulars of the facts and matters relied on in support of such sense; and

(c) where the claimant alleges that the defendant maliciously

published the words or matters he must give particulars in

support of the allegation.

Defendant's statement of case

73.3 Where the defendant (or in the case of a counterclaim, the claimant)

alleges that, in so far as the words complained of consist of

statements of facts, they are true in substance and in fact, and in so

far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.

Payments into court and offers

73.4 Where the claimant -

(i) claims against several defendants sued jointly; and

(ii) accepts money paid into court under Part 37 or a written

offer under Part 36 by any one or more but not all of those

defendants

the claim must be stayed against that defendant or defendants only, but -

(a) the sum recoverable under any judgment in favour of the

claimant against any other defendant must not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court or the offer by the defendant or defendants against whom the claim has been stayed; and

(b) the claimant is not entitled to any costs after the date of

acceptance of the payment into court or the offer to settle

unless either -

(i) the damages awarded exceed the amount paid into

court or offered; or

(ii) the court is satisfied that there was reasonable

ground to continue the claim against the other

defendant.

Statement in open court

73.5 Where a defamation claim is settled before trial either party may

apply to a judge in chambers for leave to make a statement in open

court in terms agreed by the judge.

Requests for Information

73.6 In a defamation claim where the defendant states that the words or

matters complained of -

(a) are fair comment on a matter of public interest; or

(b) were published on a privileged occasion.

the claimant may not make a request for information under Part 35 as to the defendant's sources of information or grounds of belief.

Evidence in mitigation of damages

73.7 A defendant who does not in his statement of case assert the truth of

the statement of which complaint is made may not give evidence in chief -

(a) as to the circumstances under which the libel or slander was published; or

(b) as to the character of the claimant,

with a view to mitigating damages unless particulars are given in a

witness statement served at least 42 days before the trial.