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QLD Settle Defamation Claims?

Discussion in 'Defamation Law Forum' started by 7and3, 8 June 2016.

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  1. 7and3

    7and3 Active Member

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    I have two defamation claims of eighteen months; both parties are covered by insurance. Defendant A and B. I have presented a formal offer to both parties with proof of malice in an attempt to settle prior to mediation.

    No counter offer has been submitted and my lawyer now suggests just following the process by requesting mediation.

    There is a third party (Defendant C, not insured) that has been emailed a claim but it has not been officially served. The third party is the newspaper editor that wrote the offending articles. Their source of information came from defendants A and B.

    Defendant A and B’s lawyer wants to know information surrounding Defendant C’s case and whether or not I intend on officially filing the claim against them.

    I am trying to see through the eyes of a lawyer why this is of significance to them. It is a fact that Defendant A and B provided the information to defendant C therefore if I was to officially file the claim against defendant C might this prompt defendant A and B’s lawyers to settle to avoid being dragged into another claim?

    I am trying to find some form of tact in moving forward and all suggestions are appreciated. I feel my lawyers are not giving much assistance and rather just following the process.
     
  2. Sophea

    Sophea Well-Known Member

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    Dear 7and3,

    They probably just want to know what is going on. If you don't file against them, they will likely (if they haven't already) filed third party proceedings against C. So that if you succeed against A & B they can seek contribution from C. If you add all three as defendants and succeed in your claim their liability will be shared.

    I doubt it. They can settle with you at any time, whether or not C is joined as a defendant.
     

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