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Received a Defamation Claim Letter?

Defamation law in England and Wales is complex and expensive — it's worth taking seriously. But you also have legal defences available, including truth, honest opinion, and public interest. Understanding where you stand is the critical first step.

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What This Means

In plain English

Defamation covers libel (written or broadcast statements) and slander (spoken statements). To succeed in a defamation claim, the claimant must show: the statement was defamatory (damaged their reputation), referred to them, was published to a third party, and caused 'serious harm' (or serious financial loss for a business). You have several defences: truth (if you can prove the statement was true), honest opinion (on a matter of fact), or public interest (for journalists and publishers). English defamation law is notoriously claimant-friendly compared to the US — taking these letters seriously is strongly advisable.

Action Plan

What to do right now

1

Preserve all evidence of the statement

Screenshots, archives, cached pages, emails — preserve the statement exactly as made. If it's online, take timestamped screenshots before it disappears or is changed.

2

Assess your defences

Can you prove what you said was true? Was it clearly an opinion? Was it about a matter of public interest? Your strongest defence determines your response strategy.

3

Consider removing the statement voluntarily

If what you said was genuinely incorrect or indefensible, removing it quickly and offering an apology may resolve the matter without litigation. Courts look favourably on early remediation.

4

Do not publish anything further

Each new publication of a defamatory statement is a new act of defamation. Stop all further republication or commentary on the subject while the dispute is live.

5

Get specialist legal advice

Defamation law is highly specialised. A media/defamation solicitor can assess the strength of their claim and your defences, and will know what settlements look like in practice.

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Common Questions

Frequently asked questions

What's the difference between libel and slander?

Libel is defamation in written or broadcast form (including social media posts). Slander is spoken defamation. Libel is generally easier to prove (it's permanent and visible) and tends to be more seriously treated.

Can I be sued for a review I left online?

Yes, if the review is found to be false and defamatory. However, if your review is an honest opinion based on your genuine experience, you have a defence of honest opinion.

How much can defamation damages be?

English courts can award substantial damages. Awards of £50,000 to £300,000+ are not unheard of for serious defamation. Legal costs can dwarf the damages in complex cases.

Does the claimant have to prove I was wrong?

Once a statement is shown to be defamatory, the burden shifts to you to prove your defence (truth, honest opinion, etc.). This is one of the reasons English defamation law favours claimants.

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