Defamation lawsuit

In order to bring a successful defamation lawsuit, there are certain elements that you must establish. The basic components of a defamation lawsuit are:

• A defamatory statement was made

• The statement was communicated/published to another person

• It is possible for other people to identify you from the statement

Each of these components has some complexity to it; in particular, what is ‘defamatory’ under the law, and when a statement is ‘communicated’ or ‘published’. It is important to get advice from a specialist defamation solicitor as to whether the circumstances of your situation would constitute the making of a defamatory statement.

There are certain additional factors that you must consider if you are considering bringing a defamation lawsuit.

If you are bringing a defamation lawsuit for slander (oral, or transient communication) rather than libel (written, or permanent communication) you must also show that damage or loss resulted from the statement.

Of crucial importance in bringing a defamation lawsuit is the limitation period. The Limitation Act 1980 requires that you must bring your defamation lawsuit within one year of the statement being made. If you bring the claim outside of this period, it is possible that the court could exercise its discretion and allow you to bring the claim, but this can be very difficult to achieve. One aspect of defamation law that is interesting in this regard concerns internet defamation lawsuits, as recent case law has indicated that statements made online may have different rules regarding when the statement was communicated or published, and thus when the limitation period commences.

Furthermore, whether the maker of the statement will have a defence to your claim must be considered carefully. Possible defences include: justification/truth; fair comment; and technical defences of privilege.

If you would like to obtain legal advice on the whether you might be able to make a defamation lawsuit, Contact Law can put you in touch with local specialist defamation solicitors free of charge. So, if you have any questions or would like our help in finding local specialist defamation solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 02/03/2010