Defamation Actions Against A Known Publisher
Our specialist defamation, libel and slander solicitors advise businesses and individuals in relation to defamation claims arising from material which appears either online or in traditional media.
Achieving a successful outcome is more straightforward when you know the person or company that has published the offending material. But there are still considerable hurdles to overcome before proceeding with a substantive defamation action.
If you don’t know who to bring your claim against, different procedures apply.
Defamation FAQs
Read our Defamation Frequently Asked Questions here.
Have you truly been defamed?
Pursuing a case that has little merit is risky. Legal costs can quickly mount and you may end up exacerbating the damage caused by the comments you object to by drawing more attention to it.
To be defamatory, a published statement must lower an individual or business in the opinion of ‘right-thinking members of society’. In other words, you need to ask the question: would people think less of you or your business because of the statement?
In addition to establishing the defamatory nature of a particular statement you must be able to prove that:
- The material actually identifies or refers to you.
- It was published by someone to a third party.
- The statement caused you serious harm or caused your business serious financial loss.
Our Approach
You usually have one year to bring forward a case for defamation it is essential you seek legal advice as quickly as possible. Our priority is to identify the publisher as the rules are strict with regards to who the correct defendant is in particular situations.
We may need to differentiate between:
- The primary publisher – for example the author or editor; and
- the secondary publisher – this could be usually the printer, a bookseller or, in some cases, a website.
Once we have ascertained the identity of the publisher, what has been written or said and we understand why it is not true, we can address your case head on.
If we think you have a strong case we will approach the publisher requesting the material be removed – usually within hours – and indicate our intention to seek an injunction if it is not.
Contact our experienced team of defamation lawyers in London
Going to court can be risky and expensive. We work hard to find a negotiated settlement that you are happy with before pursuing formal action. It is crucial to seek advice as soon as you are made aware of the offending material. Demonstrating your concern to publishers – and your clear intention to pursue legal action if necessary – will concentrate minds and could make a settlement easier to reach. Acting quickly will also minimise the potential damage of the defamatory statement.
For more information and advice from our defamation experts, call us on 0203 983 8278 or contact us online.
