Defamation claim
A defamation claim is a legal action brought by the claimant regarding defamation. In order for a defamation claim to be successful it must prove all of the elements of the tort of defamation, which include:
- Proving that the defendant had knowingly transmitted (published) information which was wholly or partly inaccurate, or that the defendant could have reasonably known it to be so
- Proving that a someone other than the claimant had received the transmitted information
- Proving that the information could reasonably be expected to damage the claimant’s reputation
- Proving that the claimant’s reputation was indeed damaged as a result of the transmitted information
The defendant will therefore have a defence for a defamation claim if the information transmitted was in fact true. In certain situations however, the defendant may still be held liable. If the transmission had described true events but exaggerated or omitted details and created a false impression, the defendant would be liable for defamation. Additionally, if information was protected by a confidentiality agreement between the parties and releasing this information was a breach of that agreement, the defendant could be found to be in breach of contract. A defamation claim is often accompanied by a claim for breach of confidence.
If you are thinking of bringing a defamation claim, you should be aware of the considerable costs associated with litigation. Although these costs are usually paid for by the losing party the court will demand proof that the costs can be repaid by you regardless of the outcome of your claim. Because of this the concept of a defamation claim is often associated the rich and famous.
If you would like to obtain legal advice on a defamation claim, Contact Law can put you in touch with a local Defamation Solicitor free of charge. So, if you have any questions or would like our help in finding local Defamation Solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 02/03/2010
