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Making a Defamation Claim: Factors You Need to Know

November 9, 2021 by bemysocial

defamation claim solicitors

If someone has made an untrue statement about you that has led to a loss of reputation, or has even caused you significant financial detriment, you could be entitled to damages.  You could be entitled to compensation from the person or organisation that has issued the statement, but how successful you will be, all depends on how detrimental the statement was to you , and the expertise of the defamation solicitors and counsel who you use. Van Eaton Solicitors in Streatham Hill, we are here to help.

We have years of experience in handling a range of defamation, libel, and slander cases, implementing alternative dispute resolution (ADR). We understand the intricacies of defamation law and can analyse your case to find effective solutions. If you have recently been the victim of defamation, there are certain steps you can take to help you to secure a win during legal proceedings.

 

Libel and Slander; Finding the Distinction

There are two types of defamation, known as libel and slander. They both concern defamatory statements, but it is important to know the differences before making a claim. Libel refers to a written statement that could be considered defamatory, whereas slander refers to a statement made orally. Libel, typically, is a more permanent form of defamation, and has been in the public domain for a long period of time since it is usually in written form. Slander is more short-term. However, with the emergence of more video and audio recordings, it is becoming a more permanent fixture.

No matter the medium in which the defamatory statement was expressed, it can still lead to significant financial loss and damage to a person’s reputation if the statement reaches many people. If you wish to bring a claim, you must make it within one year of the date of the defamatory statement being published. No matter whether the statement was published on social media or in a newspaper, or it was spoken in a public place, our expert defamation solicitors can help you build your claim and receive compensation.

 

Make Yourself Aware of the Defences

When bringing a defamation claim, it is recommended that you make yourself aware of the possible defences to prepare for the defendant’s response. The person or business may claim that the statement was true, justified,  or that the statement benefited public interest. For example, if the statement accuses a restaurant of having poor hygiene because some retracted food poisoning, they may have a defence. Someone may also have Absolute or Qualified Privilege.

To prepare yourself for any counter defence that the defendants may have, you should build up your case and make it as airtight as possible. By seeking the help of qualified defamation solicitors, you can ensure your claim proves that significant damage has been caused to your reputation or personal and professional life. There are various ways to prove a defamation case but choosing the best course of action can be tricky.

 

How Can I Prove a Defamation Claim?

The proof you present to state your case can juxtapose the claims made by the defendant. For instance, you must prove that the statement was defamatory because it was false, and if the statement has caused you any damage, you can present the extent during your mediation sessions or in a court of law. In the Defamation Act 2013, you must prove that the statement has caused you significant damage, such as a loss of income, loss of business or damage to your reputation.

Here at Van Eaton Solicitors in Streatham, we can help you build your case and help prove that the statement is defamatory and has caused you significant distress, providing expert advice and helping you gain the compensation you deserve. To find out more, or to book a free consultation, please give us a call on 0208 769 6739. Alternatively, you can fill out our contact form here.

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