Slander Libel And Defamation In Middlesex
Description
Form popularity
FAQ
Defamation that causes long-term damage, particularly if it affects your career, social standing, or personal life, will result in higher damages than something short-term that might be forgotten within a year. The more severe and lasting the harm, the greater the compensation.
Burden of proof on the defendant While specific legal requirements may differ depending on local laws, the common laws of libel generally only require the claimant to prove that a statement was made by the defendant, and that it was defamatory – a relatively easy element to prove.
Broadly, the test is whether a statement would cause one to think less of the person or company to whom it refers. A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
The elements you would need to prove to bring a defamation claim are as follows: A defamatory statement was made. The statement caused, or is likely to cause, 'serious harm' to the claimant. The statement refers to the claimant. The statement was published. There is no lawful justification or other defence.
To win a defamation case, you need to prove that the statement was defamatory, was published, refers to you, and has yielded or is likely to cause severe harm to your reputation.
What Are The 5 Elements Of Defamation? Publication Of Information Is Required. The Person Being Defamed Was Identified By The Statement. The Remarks Had A Negative Impact On The Person's Reputation. The Published Information Is Demonstrably False. The Defendant Is At Fault.
In order to have a claim against your opponent as a result of their defamation of your character, you have to be able to prove that their statement has caused you serious harm. This means that that harm caused to you cannot be trivial, and each case will be decided on its own facts.
The law of slander says that in most cases, you have to prove that you have suffered actual financial loss as a result of the slander, as well as serious harm to your reputation. This is different from libel claims, where you are only required to prove that you have suffered serious harm to your reputation.
The current ceiling for damages awards in libel actions is £350,000 as per Nicklin J in Lachaux v Independent Print Ltd & Anor 2021 EWHC 1797.
The law of slander says that in most cases, you have to prove that you have suffered actual financial loss as a result of the slander, as well as serious harm to your reputation. This is different from libel claims, where you are only required to prove that you have suffered serious harm to your reputation.
