In order to bring a defamation claim before the court, the claimant needs to show that the statement in question identifies them; and that it was published, communicated or broadcast in some way to a third party. In a libel claim, the claimant need not prove that they suffered actual loss as a result of the defamatory statement; in contrast, with regard to slander claims, generally the claimant will have to prove that the defaming words caused them actual loss.

However, in defamation claims the onus is on the defendant to prove that the imputation contained in their article or words is substantially true. Thus, there are a number of defences that may be employed to refute the accusation of defamation; for example, one absolute defence is known as ‘justification’. That is, if the defendant can prove that their statement about the other party was substantially true, then it will be considered that there is no case of defamation to answer.

If justification can be shown, it would not matter if the defendant acted maliciously in making the statement; equally, it would not matter that the defendant did not mean to defame the claimant. Additionally, in order to prove justification, the defendant does not need to show that the accusation contained in the article or speech is absolutely true. Rather, they need to be able to prove that, on balance, the accusation is likely to be true.

If the defamatory statement contains more than one accusation, the defendant need only show that those accusations that cannot be proven true do not affect the claimant’s reputation, with regard to those accusations that have been shown to be true. Justification cannot be used as a defence to justify rumours however; the accusations contained in the statement in question must rely on facts.

‘Pre-action’ means prior to court proceedings being issued at court. The intention of the Pre-Action Protocol for defamation claims under paragraph 1.3 of the Protocol is “to encourage exchange of information between parties at an early stage and to provide a clear framework within which parties to a claim in defamation, acting in good faith, can explore the early and appropriate resolution of that claim.”

It is extremely important that both parties comply with the Protocol, particularly given that in defamation claims the statutory time limit for bringing a claim is only one year from date on which the action for libel or slander accrued. If both parties comply with the Protocol then hopefully a resolution will be reached without the need for court proceedings. However, if an agreement cannot be reached then, provided both parties have ensured timely compliance with the Protocol, the claimant will still be in a positiom to issue court proceedings within the statutory time limit.

If you want to bring a defamation claim, or are defending a claim, you should seek legal advice and instruct a solicitor. They will be able to advise you on your obligations under the Protocol and how best to comply with it.

If you a bringing a claim, under paragraph 3 of the Protocol you should notify the defendant of your intention to bring a claim at the earliest reasonable opportunity. This should be done in a letter of claim. Paragraph 3.2 and 3.3 sets out what information should be included in the letter of claim and a solicitor will be best placed to draft this for you.

Paragraph 3.4 and 3.5 sets out what the defendant should include in their response to this letter. Under 3.4, a response should be sent to the claimant as soon as ‘reasonably possible’. Again, a solicitor will be best placed to help you draft a response and deal with the next steps.

If the defamatory statement is made verbally, then the tort of slander will be applicable. If the defamatory statement is made in writing, then the tort of libel will be applicable.

In order to sustain an action in libel or slander the claimant will need to show that the statement was defamatory, which means that it was communicated to a third person. Additionally, in slander actions, the claimant will need to show they have suffered damage (i.e. a financial loss).

However, there is an exception to this damage requirement in slander cases. If the defamatory statement is about a particular ‘character’ of the claimant then they will not have to prove damage.

If a claimant is successful with their libel and/ or slander claim, damages will be awarded to compensate them for the injury to their reputation and hurt to their feelings. These are known as ‘general damages’. Special damages may be awarded in addition to general damages for actual material loss, which can be proved to have been sustained as a natural result of the words complained of.

Aggravated damages may increase the award of general damages if there are aggravating factors present. Assessing the level of damages that a claimant is likely to recover for a defamation claim is known as calculating the ‘quantum’ of damages.

If you instruct a specialist solicitor they will be able to assist you in making such quantum calculations. Your solicitor, whether you are bringing or defending a claim, will also then look at the best way to resolve the claim. For example, it may be that making an offer to settle the claim could put pressure on your opponent to settle.

Alternatively, your solicitor could consider exploring alternatives to litigation, for example, mediation. Provided your opponent and their solicitor agree to this, mediation could be used to help reach an out of court settlement.

Written defamation is known as libel. In a libel action, your defamation solicitor does not have to prove that the statement damaged you, the court will assume that is the case. The other party must then either prove the statement was true, or rely on one of a couple of established defences, that of fair comment, or qualified privilege. The defences rely on the fact that either the information was in the public interest, or that the statement made was one of opinion and should be treated as such. The law will look to balance your right to privacy with the right of others to free speech.

Libel allows the plaintiff to sue not just the person who made the statement, but anyone else who propagated it. In such circumstances this might include the publisher of a newspaper or book, or even the company hosting a website. This more modern application of defamation law has led to some difficult cases, and calls for defamation law to be reformed.

If a defence in a defamation case is proven, the burden of proof will shift to the claimant to demonstrate that malice was intended. If your reputation has been damaged, seek legal advice from an experienced defamation solicitor.

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.