LIBEL & DEFAMATION LAW SOLICITORS

What is the Difference Between Defamation, Libel and Slander?

Defamation is the act of damaging the good reputation of someone. This can be done by saying something that damages their reputation or through printing, writing or publishing such comments.

Libel is considered to be defamation in permanent form whereas slander refers to defamation in non-permanent form.

Commonly, the term ‘libel' is used for written, broadcast or published defamation. Slander is more often used for spoken word.

What Proof Will I Need to Provide in a Defamation Case?

In order to make a successful claim for libel or slander, the claimant must prove a variety of things. This includes:

• The defamation was seen, heard or understood by more than one person, excluding the defendant and claimant.
• The allegation was directed to you, either in that you were named, pictured or were identifiable in some other way.
• That the defamation, either libelous or slanderous resulted in your character being lowered in the eyes of right thinking members of society.

In cases of slander, there will also be the requirement to prove that you have suffered a financial loss, unless the offence is related to your professional life or can result in a punishment of imprisonment.

The requirement to prove a financial loss for slander is not in force for claims of slander per se. In these instances, the evidence would suggest that:

• an allegation that the claimant committed a crime that could result in a punishment of imprisonment.
• the suggestion that the claimant is suffering from a contagious disease, such as leprosy or HIV/AIDS.
• the suggestion that a woman has committed adultery or otherwise behaved in an unchaste manner.
• the suggestion that the claimant is not fit to carry on his trade or profession.

If the claimant is alleging the points as above, they are not obliged to prove any financial loss as a result of the defamation.

What Compensation Payment Am I Likely to Receive?

If you are successful in making a defamation claim, you may be awarded compensation by the judge of the case. This may include prohibiting future publications of any such material, awarding a financial sum to remunerate for losses and force the defendant to pay for your legal costs.

The amount that you are awarded will depend upon your individual case and the extent of your losses. It is therefore not possible to give a likely figure of compensation. It is true to say that many defamation cases are settled before a court hearing, and so the settlement may be negotiated without the order of a judge. A solicitor specialising in defamation cases will be able to assure their client of the value of any settlement offers and help to determine whether an out of court arrangement is likely to be more beneficial based on previous experiences.

How Much Will a Defamation Case Cost?

Each defamation case will be considered on its own contents and as such, there is no flat fee for how much the case is likely to cost. Because of the nature of defamation cases, many solicitors will offer a no win, no fee arrangement to their clients. This will entail the solicitor considering the likelihood of a successful outcome prior to offering such terms.

Legal Aid is not usually available for defamation cases and so claimants are well advised to ensure the costs from the outset as they will be personally liable for meeting the solicitor fees.

Are There Any Time Limits to Consider?

There are strict timeframes for action with defamation cases. Court proceedings must commence within a year of the act of defamation or publication. In theory, this means that whilst the publication is still available, the time restriction does not begin. That is to say that a publication online or in a book that is still available means that the 12 month time period is revolving until the publication is no longer available for common viewing.

Should a year have passed, a judge may grant an extension on this time if they see fit. However, there are no guarantees, and so claimants are advised to act as quickly as possible.

How long a claim for defamation takes is largely dependent on whether the claim is contested or not. If the defendant admits to the act of defamation, the case is likely to be concluded much quicker with a settlement being agreed between solicitors. A defamation case that is contested can take approximately 12 months to investigate, process and arrive at trial. Depending upon the extent of the defamation, the publication type and the audience size, some cases can last several years.