Defamation solicitors

Defamation solicitors in Devon and Somerset.

Have you been defamed, or accused of defaming someone else? Are you looking for solicitors based in Devon and Somerset who can help you? Then contact our team for a free initial consultation and details of our funding options. Call 0333 888 0404 or send an email to [email protected]

Our defamation solicitors in Devon and Somerset can deal with both libel and slander. We can also offer advice on misuse of private information, harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication, or threatened publication.

What constitutes defamation?

In simple terms, defamation is the legal term that applies to the publication to others of an untrue statement that:

• would make an ordinary person think worse of the claimant; and
• causes (or is likely to cause) serious harm to the claimant.

Claimants can be individuals or corporate entities. However, governmental bodies, trade unions, and charities cannot bring a claim in their own capacities.

There must be an allegation that someone has engaged in illegal, unlawful, or improper conduct.

Claims must be directed clearly towards a specific, identifiable individual or entity.

There are two types of defamation, libel and slander.

Libel

If the published statement is in permanent form, then it is known as libel. This includes the written word in books, magazines, and newspapers, but also broadcasts, performances, and social media.

Libel has a fixed nature. And because it is published in a medium that can be revisited, it may have potential to cause harm over a prolonged period.

Successful claimants can recover compensation for their loss of reputation.

Libel can be contrasted with slander.

Slander

Slander applies where the subject matter is transient, such as the spoken word or non-verbal gestures.

Because it is transient and non-permanent, slander is generally regarded as less damaging than libel.

Claimants can only make a claim if they suffer direct financial loss, or it is suggested the claimant has committed a criminal offence, or if it will negatively impact the claimant’s office, trade or calling.

Limitation in defamation and malicious falsehood

In defamation and malicious falsehood cases a claimant has just one year from the date of publication to commence court proceedings in defamation. If a defamatory statement is published which is substantially the same as the original publication, then the limitation date will be the date of the first publication.

The serious harm test

Both libel and slander claims must pass the ‘serious harm’ test.

The serious harm test under the Defamation Act 2013 requires the claimant to provide evidence that the publication of the defamatory statement has caused (or is likely to cause) serious harm to their reputation.

In determining this, a court will take account of various factors such as how widely the statement has been published and who has accessed it.

s.1(2) Defamation Act 2013 requires corporate claimants to prove that ‘serious financial loss’ has or will be suffered. This makes it harder for a company to sue.

Defences to defamation 

There are a number of defences to allegations of defamation. These include:

• truth;
• honest opinion;
• public interest;
• absolute privilege; and
• qualified privilege;

Offer of amends

A defendant can respond to a defamation claim by agreeing to accept liability and make an offer of amends. This will generally result in damages being awarded on a discounted basis.

This is often used by defendants who have made an innocent mistake and do not want to defend the claim. It is intended to provide a quick and inexpensive resolution to the dispute and requires the defendant to:

• make a suitable correction and sufficient apology;
• publish a correction/apology in a manner that is reasonable and practicable; and
• pay compensation, plus legal costs.

The remedies available for defamation

The main remedy available through the courts is damages. Damages are intended to compensate the claimant for loss of reputation and distress, and to “vindicate” their reputation.

Damages are limited to c£300,000, though in practice awards made by courts tend to be much lower than that. The size of an award will reflect the defendant’s behaviour, and the way in which the responded to the allegation when it was made.

Additional damages can be claimed for financial losses arising directly from the defamation.

Aggravated and exemplary damages can also be awarded.

Because of the importance of free speech in English law, claimants will rarely be able to obtain an immediate interim injunction. A permanent injunction may be awarded following a trial if it can be shown to be necessary.

Defendants can be ordered to publish a summary of the judgement and require others to stop distributing or selling the defamatory material.

Misuse of Private Information

The landmark case in this area involved the former supermodel, Naomi Campbell, who brought a claim against MGN Limited. In that case, the court said that two questions must be asked when deciding whether there has been misuse of private information:

1. The claimant must show that they have a reasonable expectation of privacy in the information concerned.
2. The court will then consider the competing rights in a balancing exercise between the right of privacy and the right to freedom of expression. The court will take into account whether any countervailing public interest outweighs the claimant’s right to privacy, and will decide the extent to which the disclosure was proportionate and necessary in the specific circumstances. This will include deciding if the defendant’s aim could have been achieved by disclosing less private information.

Malicious Falsehood

Malicious falsehood is concerned with the publication of false statements that cause, or are likely to cause, financial damage to the claimant. To pursue a claim the claimant must provide proof that:

1. the defendant published a statement that is untrue;
2. that it was published maliciously/dishonestly; and
3. that the publication caused the claimant to suffer financial loss, or was likely to do so.

Malice can be inferred if it is shown that the defendant knew the statement was false or was reckless as to its truth.

How our defamation solicitors in Devon can help you

Contact our defamation solicitors in Devon and Somerset for a free consultation

For free initial guidance, along with details of the funding options available to you, call us on 0333 888 0404, or send details of your case to us at [email protected].