Defamation Claims

A statement would be classified as libel where it has been made in a permanent form, such as in writing or as a video recording, your defamation claim.

Libel claims are easier to bring than slander claims (which relate to statements in non-permanent form, such as speech), as you do not need to prove that you have suffered any particular loss in order for your claim to succeed. It is necessary, however, to prove that the publication of the statement has caused serious harm to your reputation.

A libel claim can be brought in respect of posts on social media such as Facebook or Twitter, or on any other website or blog. Our specialist team of expert solicitors can provide you with advice on your rights if you have been the subject of a statement on social media or the subject to publication by a newspaper or media outlet.

If you believe that your reputation has been or could potentially be harmed due to libel, our expert solicitors are able to provide you with practical advice regarding your available remedies and will act quickly to take appropriate steps to protect your reputation.

A slander claim is a claim in defamation in respect of a spoken statement, or a statement in any other non-permanent form.

Although there are differences between a slander claim and a libel claim, a key difference is that in a slander claim you may have to show that you have suffered loss as a result of the statement.

If you require advice concerning such statements, our specialist solicitors can advise you on these differences and any potential remedies that are available to you.

To succeed in a defamation claim, you will need to demonstrate that the statement:

• is defamatory
• refers to you
• was 'published' by the defendant
• caused you serious harm

In most cases you will have been named by the defendant; however, in some instances this may not be the case and the defendant may have included some other reference to you that makes you easily identifiable.

If you have been named in a defamatory post or believe a defamatory post relates to you, please contact one of our expert solicitors on 0151 559 0120 to discuss the remedies which are available to you.

The factors that it will take into account when considering whether to do so can be summarised as:

• Seriousness of the libel
• Nature of the publication/credibility of the publisher
• Extent of publication
• Nature of publishees
• Circumstances of the claimant
• The likely grapevine effect
• The impact on the claimant
• Any relevant apology
• Removal of the article online

It is possible to pursue a defamation claim by way of a no-win no fee agreement, sometimes called a conditional fee agreement, although a detailed analysis of the facts will need to be undertaken by our expert solicitors to determine whether we can proceed on a no win no fee basis.

When considering whether to enter in to such an agreement, we will also consider whether the target defendant and/or author/publisher of the alleged defamation has sufficient financial means to satisfy any claim for damages and legal costs.

If you are unsure how to approach funding your claim, please contact one of expert solicitors who will be able to discuss funding options with you and whether you are eligible for our no win no fee agreement.