Defamation

Defamation concerns statements which are untrue that are made by one person about another. These might concern the individual's personal character, their professional or personal reputation, or their financial circumstances, and such statements must be communicated or broadcast to an external party for a claim to be made. Essentially there are two forms of defamation: libel, concerning statements that are written or recorded; and slander, concerning spoken statements and visual gestures. Because defamation cases can now be brought to court under 'no win, no fee' arrangements between the claimant and their solicitor, the cost to the defendant has risen dramatically, meaning that around two thirds of defamation cases are now settled 'out of court', compared to one quarter in 2005.

The information must bring down the reputation of the individual in the minds of 'right thinking people', sometimes meaning that you may have to demonstrate loss to bring a claim, although this usually concerns the related tort of malicious falsehood. It is also important to remember that, despite media impressions, defamation cases by no means universally succeed, and there are a number of legitimate defences that can be made in response to such a claim. If it can be proven that the claim was true, or that the claim would not have significantly affected the individual's reputation, then a claim will fail. Some claims are deemed to be in the public interest, and may be allowed under the principle of free speech - a specialist lawyer is essential to advise on the technicalities related to claiming and defending different forms of defamation, and what action to take.