Defamation lawyers in Wimbledon, South West London, Epsom and Surrey
Defamation
Peacock & Co can assist you with queries you may have with regards to defamation, whether you have been defamed or you find yourself accused of defamation.
What is defamation?
Defamation comes in two forms: libel and slander. The main distinction between these is that libel is usually in writing or via video, while slander relates to defamatory remarks that are spoken. To constitute defamation, what is said or written must be communicated to a third party. Someone making a claim in defamation must be able to show that their reputation has been seriously harmed or is likely to be seriously harmed.
What happens in a defamation case?
Defamation is slightly different to other areas of law in that once the court has established that a publication or comment is defamatory in its meaning (at an initial meaning hearing), the burden of proof shifts to the defendant to prove, on the balance of probabilities, that they have a defence. There are a number of established defences available: for example, the defence of truth – it is not possible to defame someone if you are telling the truth. In advising you, we will of course review all potential defences.
We will be able to advise in detail on the merits of a potential claim in defamation or in relation to the defence that may be available to you.
Here are some of the commonly asked questions about defamation:
The standard position is that you will have one year to bring a claim for defamation from when the defamatory communication was made. It is best to take legal advice as soon as possible after a defamatory comment is made so that time does not become an issue.
Numerous remedies are available such as damages, injunctions or, increasingly commonly, the compulsory sharing of an online apology.
After a claim is issued and a defence is filed and served, a meaning hearing will take place where a judge will decide whether the communication is defamatory.
The standard position is that a case in defamation will be decided by a judge rather than a jury. Either party can request for the case to be decided by a jury, however this is at the discretion of the judge.
Yes, where a defamatory comment is made there are often also allegations of harassment. It is not a requirement that a separate claim be made for harassment, therefore both can be heard together.
Defamation can be extremely upsetting and stressful. Our lawyers are highly experienced and here to help support you as you seek a solution. To speak to a specialist dispute resolution solicitor about defamation, please contact us.
Our dispute resolution lawyers have a comprehensive understanding of the procedural rules to guide you through a defamation matter. Contact us:
- Tel: 020 8944 5290
- Email: [email protected]