jes law

If you want to bring a civil defamation claim you must ensure compliance with a number of procedural steps.

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.