Hi Safety Rod,
Defamation is always a difficult cause of action because much is uncertain and arguable:
- Whether the statement/representation was of a defamatory nature;
- Whether the damage to your reputation is quantifiable and proportionate to the claim;
- Evidence for proving each of the main elements to defamation.
Therefore, it is extremely difficult to self-litigate a defamation claim. The law is neither straight forward nor clear. This is because much of it is hinged upon case law and you will need to read many cases comparable to yours, not just for arguing that the statement/representation was defamatory in nature, but also to argue that the quantity of loss you're claiming is appropriate and foreseeable. Therefore, it is recommended that you seek a lawyer to assist you. Further, individuals cannot approach a barrister (advocate in court) directly, hence, a solicitor will be needed to brief a barrister if needed.
It may be the case, as is often with defamation matters, that the solicitor you briefed do not think, in their professional opinion, that you have a high probability of success. Without knowing the specifics of your case, it is difficult to say if this is the case or not. However, defamation is quite reliant on witnesses and their credibility and the reliability/relevance of what they say. Hence, even if you have substantial grounds for a case, without reliable and credible witnesses who can prove each element of your action, it will be quite difficult to win.
What you raised before are all correct. The witness ideally should not have a substantial interest in the outcome (i.e. family member or friends), reliable (i.e. someone in a trustworthy position with an upstanding character and reputation), relevant (e.g. they overheard the statement being uttered or they were privy to the document where the statement was contained or is able to produce such a document) and credible (i.e. the story they are telling is believable). However, as Sophea said, you do not usually choose your witnesses.
Hope this clarifies a bit. And best of luck with whatever you decide on.