Defamation Claims
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Civil Litigation Solicitors for Defamation Claims
Defamation or slander can have serious effects on you, your reputation, or your business. Reputation can take years to build and unfortunately, seconds to lose in this online age. We understand no price can be placed on something as valuable as your reputation and we understand how important it is for you to safeguard it.
What are 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.
Slander is defamation that is temporarily published or spoken, this can even include physical gestures.
How to get started
By instructing Leonard Solicitors, you can expect us to take care of all the hard work for you. We will move your case through the necessary framework, making sure that your best interests are in focus throughout the procedure.
We will first prepare your letter of claim, requesting that all parties engage in Alternative Dispute Resolution (ADR) to avoid the case going to court. Here we will provide support to you and make negations on your behalf.
If a suitable resolution cannot be found, we will then look at proceeding to Court.
FAQ’s
What if I am not named?
You may still be able to bring a claim for libel or slander as long as you are identifiable to a sufficient number of people who would have seen or read the publication in question and understood it to refer to you.
Who do I sue for defamation?
Any person, company or other legal body involved in publishing the defamatory material can be sued in libel or slander. This includes the author, any editor or any publishing company. Sometimes distributors of defamatory material can also be sued, including website owners and ISPs.
Is there a time limit to take action against defamation?
You can claim for libel or slander within one year of the date of publication of the defamation. In the case of material which continues to be published online, the time will start to run from the date the material was first published.
Will I have to go to court?
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.
What will I need to make a claim for defamation?
In order to have a successful action for defamation, you would need to show that the publication has caused or is likely to cause serious harm to your reputation. You would also need to show that the statements had been communicated to a third person. If someone had simply insulted someone to their face this would not entitle them to sue. And that it would be possible to identify the individual from the statements. In the case of slander, you may also need to show that you have suffered a financial loss as a result of the defamatory statements.
FAQ’s
What if I am not named?
You may still be able to bring a claim for libel or slander as long as you are identifiable to a sufficient number of people who would have seen or read the publication in question and understood it to refer to you.
Who do I sue for defamation?
Any person, company or other legal body involved in publishing the defamatory material can be sued in libel or slander. This includes the author, any editor or any publishing company. Sometimes distributors of defamatory material can also be sued, including website owners and ISPs.
Is there a time limit to take action against defamation?
You can claim for libel or slander within one year of the date of publication of the defamation. In the case of material which continues to be published online, the time will start to run from the date the material was first published.
Will I have to go to court?
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.
What will I need to make a claim for defamation?
In order to have a successful action for defamation, you would need to show that the publication has caused or is likely to cause serious harm to your reputation. You would also need to show that the statements had been communicated to a third person. If someone had simply insulted someone to their face this would not entitle them to sue. And that it would be possible to identify the individual from the statements. In the case of slander, you may also need to show that you have suffered a financial loss as a result of the defamatory statements.
