Frequently Asked Questions
- Who is able to sue for libel and slander?
- When are words considered defamatory?
- If I am successful in a claim what might be recovered?
- How long do defamation cases take to conclude?
- How can I pay for the proceedings and how expensive is this?
- Is there a time limit for me to bring action for defamation?
- What is the difference between libel and slander?
- Is there anything that I have to prove in a libel or slander action?
- What is the difference between libel/slander and malicious falsehood?
- Does the usual libel law apply to emails and publications on the internet?
Q. Who is able to sue for libel and slander?
A. Any legal entity is able to sue. This can include individuals, companies and partnerships.
Q. When are words considered defamatory?
A. Put simply, when the words make people think the less of you. But insults of themselves will not be.
Q. If I am successful in a claim what might be recovered?
A. If you are successful at trial, the judge/jury will award you a sum in damages, grant an injunction to prevent future publication of the allegations complained of and order your opponent to pay your legal costs.
However, cases are often settled before trial and if that happens, the terms of settlement will be negotiated between the parties. Settlement will generally include one or more of the following terms: an apology/retraction/correction, payment of a sum in damages, an undertaking not to repeat the allegations complained of, payment of your legal costs.
Q. How long do defamation cases take to conclude?
A. On average, it takes about 12 months from the issue of Court proceedings until trial. However, defamation cases can sometimes last for several years.
Q. How can I pay for the proceedings and how expensive is this?
A. Legal aid is not generally available for defamation cases, so the cost of proceedings will generally have to be paid personally.
Where the merits and prospects of success are sufficiently good, we may be able to offer you a Conditional Fee Agreement (commonly known as ‘no win no fee’).
You should also check any household insurance policies, as these will sometimes provide for legal expenses insurance though such policies do not often cover defamation cases.
Q. Is there a time limit for me to bring action for defamation?
A. Court proceedings must be issued within one year from the date of publication – i.e. if a publication is dated 1 January 2008 then proceedings must be issued on or by 31 December 2007.
The Court may in exceptional circumstances allow the issue of a claim outside this time limit, but will rarely be prepared to do this.
The position is slightly different if the publication remains available. For example, if publication is on the internet then you will have 12 months from the date that it is last published, so whilst it remains available there will be no issue regarding the time limit. Similarly, if the publication is a book and it remains available for sale, then you will still in theory be able to take action.
Q. What is the difference between libel and slander?
A. In general terms, libel is defamation in permanent form and slander is defamation in a non-permanent form.
Most commonly, libel tends to be written or broadcast, and slander tends to be the spoken word.
Q. Is there anything that I have to prove in a libel or slander action?
A. In both libel and slander cases, you need to prove that:
- The allegations have been published to one or more persons (other than yourself)
- The allegations refer to you – either that you are named, pictured or are identifiable in some other way
- That the words tend to lower you in the eyes of right thinking members of society.
In slander cases, you will also need to prove that you have suffered financial loss, unless the allegations relate to your profession or an offence punishable by imprisonment.
Q. What is the difference between libel/slander and malicious falsehood?
A. With a claim for malicious falsehood, the allegations do not have to be defamatory of you. However, you do have the burden of proving that the words are false, published maliciously and have (or are likely to) cause you financial loss.
Q. Does the usual libel law apply to emails and publications on the internet?
A. Yes. Except as mentioned above, the one year time limit starts to run each time an online publication is accessed.
