Claiming for Defamation
Defamation or slander can have serious effects on you, your reputation, and your business. Reputation can take years to build and unfortunately, seconds to lose in this online age. We understand that no price can be placed on something as valuable as your reputation and how important it is for you to safeguard it. The team at Leonard Solicitors have put together some information around defamation, and what you can do to protect your name in the event you have been defamed.
Defamation, Slander and Libel
The legal definition of defamation is the publication to one or more third parties of a statement about you or your business that has caused, or is likely to cause, serious harm to your reputation. There are two forms of defamation, they are known as libel and slander.
Libel is defamation that is published in a permanent form, such as in print or writing. This includes written material (books, newspaper and magazine articles or material published online), as well as allegations appearing on TV or radio. Importantly, it can also include publications that are relatively short-lived or fleeting, such as tweets or Facebook postings.
A good example of libel is the Johnny Depp lawsuit against The Sun over an article that claimed he had assaulted his ex-wife.
Slander is defamation that is temporarily published or spoken, this can even include physical gestures.
A good example of slander is someone falsely accusing a doctor of possessing fake qualifications resulting in them losing their job.
Making a successful defamation claim
Defamation claims are governed by a Pre-Action Protocol, which offers a clear framework to the parties to move the case forward. The Protocol promotes an early exchange of information and encourages the parties to engage in alternative dispute resolution to avoid the case going through the courts if possible.
In order to have a successful action for defamation, the claimant would need to show that:
- The publication has caused or is likely to cause serious harm to the reputation of the claimant. However, the harm to the reputation of a body that trades for profit is not "serious harm" unless it has caused or is likely to cause the body serious financial loss
- That these statements had been communicated to a third person. If someone had simply insulted someone to their face this would not entitle them to sue
- That it would be possible to identify the individual from the statements
In the case of slander, you will also normally need to show that you have suffered a financial loss as a result of the defamatory statements.
The process of making a defamation claim
Your Litigation Lawyer will begin by sending a letter of claim to the defendant, notifying them that you intend on taking legal action over defamation unless the matter cannot be resolved before court proceedings. This letter usually contains details of the defamatory statement(s), and how this has affected or is likely to affect the claimant’s lifestyle, finances, and business.
Usually, the defendant will be required to respond to the letter of claim within 14 days from the date of the letter, unless they are unable to provide a full response within that time, to which they will need to notify the litigating lawyer when they can expect to receive the response.
Where the defendant is cooperative, will be likely to settle the matter there and then, otherwise participate in Alternative Dispute Resolution (ADR), where both parties can discuss, negotiate, and reason with one another. If from here the dispute cannot be resolved, then proceeding to court is an option.
Although ADR is not compulsory, the court will expect both parties to have at least considered ADR. A party’s refusal to engage in ADR (including its failure to respond to an invitation to participate in ADR) might be considered unreasonable by the court and could lead to the court ordering that party to pay additional costs.
If you have a question relating to this article or maybe you would like advice around defamation, why not contact our Litigation Team? You can find out more on how we can help you with defamation by clicking here, or you can call 023 8023 4433 to get started.
Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services, you should seek a professional legal practitioner.
