jes law

You can stop a defamatory comment being made about you by applying to the High Court for an injunction. The High Court has the jurisdiction to grant an action to restrain the publication of defamatory words in all cases that the court considers it just and convenient to do so. The injunction will generally be restrictive in nature and will prevent the publication of defamatory words (or further publication if already published). The court will only grant this injunction if they are satisfied that the words complained of are defamatory of the claimant and there is reason to stop the repetition of the publication.

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.