Do I have a claim?
Everybody's reputation is precious. The law of defamation governs what you can do if your reputation is unjustly attacked.
The law has to achieve a delicate balance between protecting freedom of speech while at the same time providing a remedy when the reputation of an individual or a business is damaged.
A defamatory publication is one that makes people think less of you. In order to be defamatory the offending words must have been communicated to one or more other persons.
There are two types of defamation - libel and slander? Libel involves publication in written or some other permanent form, including television and radio broadcasts. Slander involves the spoken word or a publication in some other transient form.
Even if you have not been named or photographed in the publication about which you complain, you can still bring a claim for defamation provided you can prove that the words referred to you.
It is felt that someone whose reputation has been attacked should take action quickly, and that is why the limitation period for a defamation cliam is only one year from the date of publication. There have to be exceptional reasons for the Courts to permit a defamation claim to be brought outside this period.
What next?
If you are unsure whether you have a claim, please fill in our online questionnaire LibelXpress and we will let you know if we think you have a case or not.
Alternatively, please call us on 0870 143 0970.
