About
Defamation is the term used to describe a published or spoken statement, which is likely to cause serious harm to your reputation when read or heard by an ordinary right thinking member of the public.
Where the claimant is a company, harm to the reputation of that organisation is not "serious harm" unless it has caused or is likely to cause the body serious financial loss.
A defamation claim is a claim for damages for the harm caused to your reputation, however, you may also wish to seek other remedies such as the provision of a written apology or retraction of the defamatory post. The form of such apologies and retractions can vary, therefore you may wish to speak with one of our specialist solicitors about the nature of the post and its potential impact upon you, after which they can offer bespoke advice that is suited to your requirements.
Robert James Solicitors take a holistic approach to Defamation claims and where possible we will push for alternative dispute resolution such as mediation, but where this is not possible, we will ensure that your case is progressed and where necessary court proceedings are issued.
Robert James Solicitors have over 25 years’ experience and an excellent track record of supporting clients in making Defamation claims. If you or your loved ones require legal advice and support on how best to proceed with a Defamation claim, call one of our specialist solicitors on 0151 559 0120 or complete our online claim form and one of our solicitors will call you back.
Good to Know
Frequently asked questions related to Defamation are answered below. If you have any other questions about Serious Injury Claims, contact us for further information and advice.
What is Libel?
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.
What is Slander?
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.
What will I need to prove to succeed in a defamation claim?
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
Does a defamatory statement have to name me?
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.
What factors determine whether a defamatory statement has caused you serious harm?
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
Can I pursue my claim on a No Win, No Fee basis?
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.
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