A Fife mum being sued for defamation by a developer who is building a property within ‘touching distance’ of her home has been urged to settle the case by a sheriff.
Mum-of-seven Niki Caira appeared in court for the second time on Tuesday after being sued for £75,000 over “defamatory statements” made on her Facebook page.
The civil action is being brought by former Raith Rovers chairman Alex Penman.
When the case last called on July 26, Ms Caira said Mr Penman demanded a public apology.
He also asked that the Facebook posts be deleted and for her to not discuss or post about the new build being erected next to her home in Thornton.
Ms Caira refused to back down and claimed it was an attempt to shut down her freedom of speech.
Housebuilder’s solicitor offers to pause case
At the latest virtual hearing, Mr Penman’s solicitor, Robert MacDonald, said his client would be willing to pause the defamation action.
This is due to the interim interdict at the previous hearing giving his client “some degree of protection”.
This interdict prevents Ms Caira from trespassing on the neighbouring property and interfering with its construction, marketing or sales.
Mr MacDonald said: “I would be content that this action is simply sisted at this stage.
“The reason I make that motion is simply that the building work will not last for a very long time.
“It’s anticipated that in two or three months it may all be finished, in which case the action may no longer be required.”
However, Ms Caira’s representative asked that the case proceeds.
Sheriff makes mediation plea
With Ms Caira present at the online hearing, Sheriff Ian Anderson warned her these cases can get out of control and proportion.
He suggested that she engage with a mediation process with Mr Penman.
“It’s very threatening for people when things happen next door to them and it is possible that you can react more strongly than you have to,” he said.
“If there is any way forward for you that you don’t have to get involved in this – because it won’t get any easier for you – I would recommend you to take it.
“There is a process called mediation, which takes both sides to agree to it. I’ve done a lot of these and they’re remarkably effective.
“People go into them, you think this is never going to work, but they often do work.
“Usually it’s not free, but the cost of it is a lot less than the cost of court actions.”
What has led to the court action?
Two £350,000 new builds are being erected next to Ms Caira’s home on Low Road, Thornton.
The gap between the new build and the Caira family home is around 125 centimetres.
Ms Caira has questioned why the planning application by KJJ Properties Ltd was approved and has taken to Facebook to draw attention to her cause and express her frustration about the situation.
She was then sued by Mr Penman, who accused her of “defamatory statements and innuendo” in relation to remarks made regarding the planning application to Fife Council.
The case will next call on October 11.
Conversation