Defamation can arise when a false statement is made against someone and damages their reputation and causes distress or financial loss. With technology now at our fingertips. Defamation could occur within a split second, thanks to the internet and social media.
Defamatory statements can be very distressing and extremely embarrassing, and the resulting damage to a person’s reputation can affect livelihood, income and employment opportunities.
At Ackroyd Legal, our litigation solicitors can provide straightforward advice and robust representation to secure the compensation that you deserve if you have been affected by defamatory remarks made by somebody else.
How does it arise?
Defamation could arise if someone publishes a statement about you to one or more others that will have a negative effect on their opinion of you. In order to pursue a claim for defamation, it must be shown that this statement has seriously harmed your reputation or is very likely to do so; and it is down to the claimant to prove this.
Slander or Libel: What is the difference?
There are two kinds of defamatory statements: slander, meaning that the statement was spoken, or libel, meaning it was written, including in newspapers, magazines, within an email or on social media. If this has happened to you, you may be entitled to compensation, known as damages, and an injunction may be granted to prevent it from happening again.
Timeframes to bring your claim
You will usually be required to bring your claim within one year from the date that the statement was made or published. If there has been damage to your reputation that has resulted in financial loss, you will be expected to bring the action as quickly as possible.
Defences in defamation cases
There are a number of exceptions and legal defences in defamation law, and every case is different, however in deciding whether or not to pursue a claim for defamation, it is important to consider the following:
It is important to note that lack of intention is not in itself a defence against an action for defamation. This means that if you defame someone accidentally, you may still be liable if no other defence applies.
If you do not know or you cannot be certain of the identity of the person who has made the defamatory statement, for example, if this occurred online in an anonymous comment, this will not necessarily prevent you from bringing your claim. Your specialist litigation solicitor may be able to obtain a disclosure order to access this information.
Your specialist litigation solicitor at Ackroyd Legal is always on your side, and we will fight on your behalf for the compensation that you deserve. There are several remedies that the court can apply in defamation cases:
We will push for the right result for you
In practice, your case may be settled before it reaches the courts, and your specialist litigation solicitor will negotiate on your behalf towards reaching the right settlement for what you have been through. Whatever the circumstances, please contact us, and we will be very happy to help you.
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