jes law

The right for a business to sue for defamation has developed over the years in the courts. It is now accepted that a company may sue for defamation which is damaging to its business.

If the defamatory comment that was made about your business was made in writing or some other printed form, you would have an action for libel against the maker of the comment. In such a case, defamation law presumes that your business has suffered damage as a result of the comment made.

It will be for the maker of the comment to defend the libel action brought against them. If the comment was made orally, you may be able to sue the maker of the statement for slander.

If any defamatory comments have been made about your business, you should seek legal advice and get in touch with a specialist defamation solicitor. A defamation solicitor will advise you as to the best course of action to take.

If you do decide to sue the maker of the defamatory comment, your solicitor will be able to guide you through the court process. Generally speaking, actions for defamation are heard in the Queens Bench Division of the High Court. The County Court does not generally have jurisdiction to hear libel or slander claims except where both parties agree or the claim has been remitted from the High Court.

If you are successful with your defamation claim, the court will award damages (compensation). In the case of a business, damages will be awarded for the damage the defamatory statement has caused to the businesses reputation. Quantifying this can be an extremely difficult task. The court will be obliged to consider previous case law and evidence presented by the claimant which proves the damage that has been caused to their businesses reputation.

If you instruct a defamation solicitor, they will be able to estimate the level of damages you will receive if successful with your defamation claim.