If someone says something about you that is false, but is implied to be true, this could be termed defamation. If you can prove that the statement is untrue and has caused damage to your reputation, you could make a claim for compensation through the courts. Because the onus will be on you to prove defamation, the service of a specialised defamation
solicitor is highly advisable.
The court that hears your defamation case will usually consist of a jury which will hear the evidence and come to a decision about whether defamation actually took place.
Defamation law in the UK is based on tort, which seeks to attach a value to loss or damage that a person has experienced. Your defamation solicitor will be able to advise you about your particular case and the circumstances of your alleged defamation.
As defamation can be spoken (slander) or written (libel) your defamation solicitor will look closely at the statements you are claiming are defamatory.
Defamation solicitors always consider each case based on its particular circumstances, as often there is a grey area between the statement that is thought to be defamatory and the definition of defamation under current legislation. In some cases defamation can be viewed as a criminal offence and not a civil case.
Additionally, your defamation solicitor will be your representative in any negotiations with the party you are bring your defamation case against. Defamation cases will often be settled out of court. This should be your primary goal, as defamation cases that go to court can be highly expensive and time consuming. Your solicitor will advise you about your case and the best course of action to take. If you are seeking compensation,
defamation solicitors can also indicate whether you are likely to receive the amount of compensation you are looking for.
Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right lawyers in London, lawyers in Birmingham or lawyers in Manchester for your needs.