Defamation that occurs through a permanent medium, such as a written article or a television programme, is termed libel. Defamation that occurs though a more impermanent medium, such as the spoken word or a gesture, is termed slander. Defamation relates to the truth or falsity of the facts used to inform the statement in question; mere insults or jibes are not considered to be defamatory.

In order for a successful  defamation claim, you will need to prove that the defamatory statement referred to you, either by name or through some other means, such as a nickname, initials or other identifiers. It does not matter if the defendant intended to refer to someone else, rather than the claimant, in their statement, so long as the statement could refer to the claimant.

In addition you will need to show that the offending statement was published, broadcast or spoken to a third party, such as another person or an audience. A broadcaster or publisher who repeats the defamatory statement also may be sued, as well as the originator. However, the Defamation Act 1996 allows that secondary transmitters of the material of the offending material, such as printers or internet service providers, may be protected from a defamation claim if they took all reasonable care, and did not know that they were contributing to the dissemination of a defamatory statement.

Most defamation claims are civil cases, but generally they are heard before a jury. The judge will decide whether the statement in question could bear a defamatory meaning, and then it is up to the jury to decide whether the statement is, in fact, defamatory.

In addition, the onus will be on the defendant to prove that their statement about the claimant is substantially true, and if they have a valid defence, then your claim will not be successful.

Defamation claims can be difficult to prove; therefore you are advised to seek legal advice from a specialist defamation lawyer, before proceeding with your claim.

Arbitration in the UK is governed by the Arbitration Act 1996. The Arbitration Act 1996 sets out the rules regarding:

•    The arbitration agreement
•    The arbitration tribunal
•    The arbitral proceedings
•    The arbitration award
•    The powers of the court to enforce the arbitration award
•    Costs
•    The recognition and enforcement of foreign arbitration awards

Both parties must agree to have their dispute resolved by arbitration and this agreement must be contained in an arbitration agreement. The Arbitration Act 1996 states that this agreement can be an arbitration clause in a contract or a separate arbitration agreement.

The Arbitration Act 1996 sets out the rules for the appointment of the arbitrator, and the role of the chairman and umpire if the parties decide to have one. In addition the Arbitration Act 1996 states that the parties may be represented by a solicitor if they wish and if allowed by the arbitration tribunal.

The Arbitration Act 1996 leaves many decisions to the parties and the arbitration tribunal themselves. Arbitration is intended to allow the parties to a dispute to decide on the rules that will be applied to their dispute and to conduct the arbitration in a way that suits them. Therefore as long as the arbitration is conducted within the scope of the Arbitration Act, it can take whatever form the parties choose.

For further legal advice on arbitration, it is advisable to contact a specialist solicitor with experience in arbitration. A solicitor can assess the dispute and determine if arbitration is suitable and advantageous to their client. In addition, a solicitor can assist with choosing an arbitrator and provide legal advice throughout the arbitration process.

Under the terms of the conditional fee agreement, the client will not be liable for the defamation solicitor’s legal fees if they are unsuccessful with their defamation claim (or they fail to defend the claim brought against them).

However, if the client is successful with their claim or successfully defends their claim, they are liable to pay the defamation solicitor’s normal legal fees plus a success fee (which is an agreed percentage uplift on the solicitor’s hourly rate up to a maximum of a 100%). In such cases, the majority of these legal fees will be recovered from the opponent as the general rule in relation to civil litigation is ‘the loser pays’.

Bearing this rule in mind even if you find a solicitor to take your case on a no-win, no-fee basis you should consider your opponent’s legal costs. Your defamation solicitor will advise you about how you can guard against the possibility of having to pay your opponent’s legal costs in the event of defeat.

For example, there are ‘after-the-event’ insurance policies on the market which could cover such costs. The cost of the premium for such policies will depend on the merits of the claim for which the cover is being sought.

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

Firstly, you must ensure that you comply with the Pre-Action Protocol for defamation claims. Under this Protocol you will be required to send the defendant a letter of claim. This letter should set out the legal and factual basis of the claim. It should also give the defendant a broad picture of your losses in order for them to put a rough value on the claim.
If the defendant after investigating into liability disputes it, you may have no option but to issue court proceedings. However, prior to issuing court proceedings you should make all attempts to settle the claim. For example, through the use of a suitable Part 36 Offer.

If you seek legal advice and instruct a specialist defamation solicitor they will be able to advise you on this in more detail. However if proceedings do need to be issued, your defamation solicitor will be able to draft the court pleadings for you and arrange for their filing at court and service on the defendant.

There will be a fee for issuing proceedings and this varies depending on the financial value of the claim. For example, the fee for issuing proceedings worth between £15,000 and £50,000 is £360. If the case proceeds to trial, there will also be other court fees that you have to pay. For example, the fee for filing of allocation questionnaires, pre-trial checklists (if applicable), hearing fees, etc.

You should also note that there are strict time limits for bringing a slander or libel claim. All libel or slander actions must be must be brought within a year from the date on which the cause of action accrued or, in the case of a person under a disability, one year from the date on which he ceased to be under a disability. Your defamation solicitor will be able to advise you on limitation and ensure that you issue proceedings in accordance with the relevant time limit.

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

In slander cases the court must be satisfied that the defamatory words are calculated to disparage the claimant in his office, profession, calling, trade or business held or carried on by him at the time of the publication.

A person who makes a defamatory oral statement may commit the tort of slander. A person who makes a defamatory written statement may commit the tort of libel.

Whilst the courts have the power to grant injunctions in both libel and slander cases, naturally they exercise greater caution before granting an injunction in the case of spoken words as opposed to written or printed statements.

If you require assistance in stopping or preventing further defamatory comments from being made about you, you should seek legal advice and contact a defamation solicitor. A defamation solicitor will be able to advise you on what causes of action you may have available to you. For example, a solicitor could assist you with making an application to the High Court for an injunction.

Alternatively, they could assist you with suing the maker of the defamatory statement for damages. It may be that your defamation solicitor will be able to reach a settlement with the defendant without the need for court proceedings which would be beneficial for both parties.

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

However, if a frivolous, vexatious defamation claim has been brought against you, a defamation solicitor will be able to advise you on how best to defend this claim. Below is an outline of some of the defences available to defamation claims:

Justification

Quite simply, in most cases, if you can prove that the alleged defamatory statement you made about the claimant is true in substance and fact then you will be able to successfully defend the claim. You will need to provide evidence to help substantiate this defence (i.e. to help prove the statement you made is true).

Fair comment

This defence is in the nature of a general right and allows members of the public to make defamatory statements about matters which are of interest to the general public. This defence only applies where the statements are recognisable to the reader or listener as to be statements of opinion rather than fact.

This defence will fail if it can be shown that the defamatory statements were made maliciously.

In addition to the above, there are other defences which can be raised to beat defamation claims. These include absolute and qualified privilege and the statutory defence of offer of amends.

In accordance with the pre action protocol for defamation claims, the claimant is likely to send you a letter of claim setting out the basis of their claim. You will have to provide a substantive response to this letter. If you intend to admit liability then you must indicate this in your response.

On the other hand, if you intend to dispute liability than you must set out your reasons for doing so. A defamation solicitor will be able to advise you on how best to respond to the letter. If the claimant has a very strong case it may be best to admit liability. This will help to keep legal costs to a minimum and may save a lot of time, hassle and expense in the long run.

However, if you intend to deny liability then your defamation solicitor will be able to advise you on what legal and factual basis you can do this. They will be able to help you raise a defence to the claim. There are different defences available to defend defamation claims.

For example, fair comment, justification, privilege (both absolute and qualified), limitation, etc.

If the claimant still persists with their claim and issues court proceedings, a solicitor will be able to help you defend the claim. This will include drafting court pleadings, negotiating with the other side in an attempt to settle, completing court documents and generally complying with the relevant court procedure.

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

If you do have a claim for libel or slander, your defamation solicitor will advise you on how to bring the claim. Firstly, in accordance with the pre-action protocol for defamation claims you will need to send the defendant a letter of claim.

This letter of claim should set out the legal and factual basis of your claim. It should also give the defendant a broad idea of the losses you have suffered as a result of the defamatory statement.

A defamation solicitor will be able to help you draft this letter. They will be able to advise you on the losses you can claim for. There is a distinction between general damages and special damages. It may also be worth considering whether you can recover aggravated damages as well.

At the same time as sending this letter, or depending on the response, you should consider making a Part 36 offer to settle the claim. Part 36 offers have become increasingly used in civil litigation as an effective method of putting pressure on the opposition to settle.

A defamation solicitor will be able to advise you on Part 36 offers in more detail. They will be able to advise you on when to make an offer and for how much. Generally speaking, you start with a high offer to ‘test the water’ and negotiate with the opposition from there.

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

For example, if you bring a high value defamation claim and lose, you are likely to be liable for the vast majority of your opponent’s legal costs which could be substantial. Had you instructed a defamation solicitor, firstly, the chances of you succeeding with your claim would be higher as the solicitor would have specialist expertise and knowledge in the area. Furthermore, a defamation solicitor may be able to help settle your claim without the need for court action.

There various methods and tools available to litigators to help them settle claims on behalf of their clients. For example, offers to settle can be made (both without prejudice save as to costs and Part 36 Offers), mediation and other forms of alternate dispute resolution could be explored as well.

If you instruct a solicitor they will be best placed to advise you on this in more detail. Before court proceedings are issued they may be able to settle your claim for you. Under the pre action protocol for defamation claims a letter of claim should be sent to the defendant prior to issuing proceedings.

A defamation solicitor will be able to draft this for you and deal with any subsequent negotiation settlements should the defendant admit liability. If the defendant disputes liability then your solicitor will be able to advise you on the appropriate next steps, including issuing court proceedings.

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

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.