Defamation

Defamation is the catch all term for libel (a published defamation) and slander (generally spoken  words which are not recorded). Broadcasts, plays put on in public and publications on the internet  are libels.

In business terms the most obvious defamation is to suggest that a competitor is insolvent - or similar words eg "gone bust”, "gone under”. Clough & Willis has advised on a number of such cases,  acting for victims and offenders.

The limitation period for defamation is one year which may be frome date of publication or from date of loss. The Court may extend the time - but this is rare.

Defamation is governed by a pre-action protocol and usually begins with a letter written in compliance with the protocol's terms. This needs careful preparation and to be written for the specific allegations in each case.

Where a defamation is being repeated urgent action may be needed to obtain an injunction. This may be on notice or absolute urgency is required "ex parte”ie without notice to the Defendant.

When considering whether there has been a libel the Court may consider the words on their face (the literal meaning); an inference which may be drawn from the words; an implication which can be drawn from the words; innuendo which can be drawn from the words.

Proof of actual damage is not necessary in libel cases.  There will be a presumption that the Claimant has suffered loss.

Where a finding is made in favour of the Claimant the following may be awarded: an injunction; damages to compensate for injury to reputation; damages to compensate for hurt feelings; damages to restore the Claimant's public reputation. Aggravated, Special and Exemplary damages may sometimes be recovered.

Final point to note: a defamation claim does not attract legal aid.

For help with any matter involving an defamation please contact Tim Gray at timothy.gray@clough-willis.co.uk