What is defamation? Defamation is a false statement made by one individual about another. This statement attempts to discredit that persons character, reputation or credit worthiness. In order to be defamatory, such a statement must be communicated to at least one other person. Slander or Libel? If such a statement is spoken then it is described as slander. However, if it is written, broadcast or shown in a film it is described as libel. How do I know if I have a Claim? In order to have a successful action for defamation the victim would need to show that: * The statement itself was defamatory. This means that the statement would be likely to lower the person concerned in the estimation of what a Court would call right thinking people. A mere insult is insufficient. * That these statements had been communicated to a third person. If someone had simply insulted someone to their face this would not entitle them to sue. * That it would be possible to identify the individual from the statements. In the case of slander, you will also normally need to show that you have suffered a financial loss as a result of the defamatory statements. If someone accuses me of defamation, what defences might I have? How do I make a claim for defamation? Claims for defamation can only be made in the High Court. Claims can be made for compensation or for an order to stop the perpetrator from repeating the allegations. There are strict time limits for starting court action. There is a time limit of twelve months for taking legal action for libel, slander or malicious falsehood. This time limit runs from the date the defamatory statement was made. The courts may have some discretion to extend this in specific circumstances, so individual advice should always be sought. Publicly funded legal services are not normally available for making a claim of this nature. This means that you would have to fund the claim yourself. Claims for defamation are notoriously expensive. Some law firms offer no win no fee agreements for these cases. You can contact a firm specialising in defamation via the Law Society. ://thompsons.law.co.uk/ltext/defamation.htm
Posted on: Mon, 27 Oct 2014 20:31:39 +0000
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