jes law

There are two types of defamation claims, libel and slander. A slander claim may be brought by a claimant if a defamatory statement has been made about them orally or in some other passing form (subject to satisfying the other qualifying requirements).

A libel claim may be brought by a claimant if a defamatory statement has been made in writing about them or via some other permanent form (subject to satisfying the other qualifying requirements).

In a libel claim the law presumes that some damage/ loss flows from the defamatory statement as a result of damage to the claimant’s reputation and such damage is known as general damage. Therefore, in libel claims you may sue for damages even if you have not suffered any notable losses and will be able to recover for general damage – even if it is a nominal amount.

However, contrast this with the position in slander cases. In such cases, there is no presumption that the claimant has suffered a loss. In order to bring a slander claim, you must allege and prove actual material loss. Therefore, you cannot bring a claim for slander if you have not suffered a loss.

If you think you may have an action for libel or slander then you should seek legal advice and instruct a specialist defamation solicitor. They will be able to advise you on whether you can bring a claim or not. A defamation solicitor will also be in a position to advise you on whether the costs of bringing a claim outweigh the potential benefits. For example, if you have suffered a very small amount of loss as a result of the defamatory statement it may not be cost effective to bring a claim. A defamation solicitor will be in position to advise you on whether this is the case and what other options are available to you.

If you require legal advice regarding defamation, you can contact a specialist solicitor today.