A ‘defamatory’ statement is one which lowers the estimation of the person referred to in the mind of right thinking members of society. It may take the form of a written statement (libel) or an oral statement (slander).
There is a set pre action protocol in which parties in dispute are required to set out issues of concern and attempt a resolution. In many cases we achieve a satisfactory resolution at this stage without the need to pursue litigation.
In the event that the matter proceeds to court and even at the pre action stage it is important to note that there are a number of defences to a defamation claim such as justification (the defamatory statement is true), fair comment or privilege among others. We will explore any possible defences on your behalf or those raised by the other side and advise accordingly.
As there is a limitation period of 1 year in which to bring a defamation action then a claimant should take legal advice promptly.
The internet is now a huge forum on which defamatory statements are often published. A statement published online is actionable wherever published and we act for clients all around the country and the world in relation to defamatory statements published online.
We can also provide prepublication advice to assess whether an intended publication is likely to raise issues of libel, contempt and confidentiality, and e recommend ways to avoid any difficulties
We advise on issues pertaining to the Press Complaints Commission Code of Practice, the Advertising Standards Authority Code of Practice and the OFCOM Broadcasting Code