Defamation

In both business and your private life, your reputation is one of your most valuable assets. When false and defamatory statements threaten to cause serious harm to your standing in society or damage your business reputation, you need expert legal advice from specialist defamation solicitors who understand defamation law and can act quickly to protect your interests.

What is defamation?

A defamatory statement would lower you in the estimation of an ordinary person or an average, reasonable member of society. Understanding the difference between different types of defamation is important. When a defamatory statement is written down or recorded, including written defamation in emails, letters, or social media posts, it's called libel. When it's spoken, through spoken words or spoken defamation, it's called slander. Both libel and slander can cause serious harm to the claimant's reputation and constitute defamation of character.

If you're the subject of defamation, whether through a false statement published on social media platforms, in traditional media, or elsewhere, our experienced defamation lawyers can help. Online defamation and social media defamation have become increasingly common, with defamatory material spreading rapidly across social media and other platforms, making swift legal action essential.

Understanding serious harm

The Defamation Act 2013 introduced an important requirement that defamatory statements must have caused or be likely to cause serious harm to your reputation before you can bring defamation cases to court. For businesses, the Act requires proof of serious financial loss or likelihood of such loss. The Courts have considered what qualifies as 'serious harm' for the Defamation Act, and they appear to have taken a common-sense approach.

The gravity of the allegation and the extent of the damage caused by the publication will be important in determining the seriousness of any damage and whether the threshold for defamation litigation is met. For example, an accusation made to one person that you don't tuck your shirt in will, almost always, cause less harm to your reputation than an allegation made in a national newspaper or widely shared on social media that you're a terrorist. Our specialist defamation solicitors can assess whether your situation meets the serious harm threshold required for court proceedings.

What defences are available to defamation claims?

Understanding potential defences is crucial to developing an effective litigation strategy. There are five main defences to defamation that publishers of defamatory content may attempt to rely upon:

Truth 

Most obviously, if the person making a claim, known as "the publisher," can prove that what they've said about you is true, no matter how damaging to your reputation, they'll be able to defend themselves successfully against your defamation claim. This is why compelling evidence to demonstrate falsity is critical.

Absolute privilege

People can say what they like about you to the police or in court because they're protected from a defamation claim by a defence known as Absolute Privilege. If they're lying, then wasting police time is a criminal offence, and they risk prosecution for perjury or contempt. This defence recognises that certain situations require complete freedom of speech.

Qualified privilege

This is a complex defence but, in brief, where the person making the statement has an interest in making it or a duty to make it, and the person to whom they make the allegation has a corresponding interest or duty to receive that information, the publisher may be able to rely on the Qualified Privilege defence. For example, this defence might be available in the workplace to someone who has made a defamatory complaint about you to your employer or, perhaps, to a professional body.

Such complaints often attract the protection of Qualified Privilege and will defeat a defamation claim unless you can demonstrate that the person was acting maliciously. This defence frequently arises in partnership disputes and employment contexts.

Honest opinion 

This is where a publisher is expressing an opinion rather than asserting facts. They also have to show the basis for their opinion and must demonstrate that it could be held by an honest person based on either a fact that existed at the time of the publication or a purported fact in a privileged statement published before the publication. The honest opinion defence protects legitimate commentary and criticism.

Publication on a matter of public interest

To establish whether a publisher can rely on the Publication on a Matter of Public Interest defence the Courts will look at all the circumstances of the case and decide whether the offending statement was on a matter of public interest and whether the person making it reasonably believed that this was the case. This defence balances free speech against reputation management concerns.

Our comprehensive defamation services

Our experienced team of defamation solicitors provides specialist expertise across all aspects of defamation law. We support clients with:

• Pre-publication advice to prevent defamatory content from being published
• Immediate response to false allegations and untrue statements, including drafting a formal letter or a detailed letter of response
• Cease and desist letter preparation demanding the removal of offending material and preventing further publication
• Compensation claims for reputational damage and financial loss
• Defence against unfounded defamation claims brought against you

We work closely with clients to understand their objectives, whether that's securing the removal of defamatory material, obtaining damages, or defending against false claims. Our constant focus on your interests ensures we develop the most effective approach to resolve disputes.

Related legal issues

Our specialist defamation solicitors also advise on related matters, including:

• Malicious falsehood claims where false statements cause financial loss
• Harassment Act violations involving repeated defamatory communications
• Data protection breaches involving personal information
• Misuse of Private Information claims to protect your privacy

Cost-effective legal remedies

We will conduct a cost/benefit analysis of the situation with you at the outset and provide cost estimates and updates regarding legal costs as the matter progresses.

If you would like to meet and discuss your options, we can offer an initial 1 hour consultation at a set fee of £330 plus VAT. We're happy to consider acting for you on a no-win-no-fee basis in circumstances where we think your claim has a good prospect of success and the potential defendant has the means to satisfy a judgment for damages and a costs award.

Alternative dispute resolution

While we're experienced in High Court defamation litigation and legal proceedings, we also recognise that alternative dispute resolution can often achieve faster, more cost-effective outcomes. Our dispute resolution expertise means we can guide you toward the most appropriate path for your circumstances.

Contact our defamation solicitor today

Time is critical when your reputation is under attack. Contact our defamation solicitor today for expert guidance on protecting your interests and pursuing the legal remedies available to you. 

To discuss your legal requirements, please email us or contact our team on 020 8858 6971.