“Defamation” of character consists of both libel and slanderous publications. The distinction? Libel defamation is more permanent in that the defamatory statement is printed, published online (perhaps via social media) or broadcasted. Slanderous defamation on the other hand is impermanent including spoken words or gestures (perhaps a rumour circling amongst the locality).
What constitutes a “defamatory” statement?
In order for a publication to be defamatory, it must have caused or is likely to cause serious harm to your reputation. In the case of businesses, serious harm can include serious financial loss to the business. In addition, the statement must be untrue.
What action can be taken and who can take it?
In deciding whether a libel or slanderous publication is defamatory, the general test is whether, as a result of the publication, a person’s or company’s reputation has been adversely affected by the publication. The person or company whose reputation has been affected can action a claim to sue the party responsible for the defamation for damages.
Can I bring a claim at any time?
In short, No. Claims for defamation of character must be actioned within 1 year of the publication of the defamatory material. However, in exceptional circumstances the court may set this rule aside.
If you believe you or your business has fallen victim to a defamatory statement and would like to find out more information, please contact our Dispute Resolution Department on 01492 641222 (Llanrwst), 01978 291000 (Wrexham) or 01244 312166 (Chester). Alternatively you can email at enquiry@allingtonhughes.co.uk
