A key asset for all businesses or individuals is their reputation.You can trust us to protect your business and your personal life from untrue statements.
If you have a Defamation claim, we will take fast and effective action to protect your rights. Our defamation solicitors will guide you through the legal process, finding all possible avenues to protect your reputation and your finances. That may be by applying to the court for an injunction to prevent publication or issuing proceedings in court for damages when publication has already taken place.
Defamation is when another person writes, broadcasts, says or communicates in any way, something that makes people think badly or worse of you or your business, leading to damage to your reputation. This could include allegations regarding dishonesty, personal morality, insolvency, lack of integrity, unethical behaviour or sharp practice.
Some other key points
- The allegation must be available to third parties, that is, to someone other than you
- You have been named or can be clearly identified
- What has been communicated is untrue
There are two types of defamation: libel and slander.
Libel
The term 'libel' covers 'permanent' publications such as:
- written allegations in newspapers, advertising material, employee references, or emails and
- allegations broadcast on the television or radio, or posted on a website.
Slander
This covers spoken words or gestures.
Malicious falsehood
Nicholson Davis defamation solicitors also advise businesses and individuals in respect of malicious falsehood claims.
A malicious falsehood is similar to libel and slander in that it must be untrue, but unlike libel and slander, it does not have to do damage to a person's reputation.
Key elements of any claim
- The statement made about you is untrue
- It has caused you to suffer financial loss
- The person making the statement knew it was untrue and also knew it would cause harm to you
Malicious falsehood can be used in cases where a competing business falsely claims that the other business does not own title to its goods, services, real property or intellectual property rights. For example, a business which states that a competitor has gone out of business when it has not, is likely to have made a statement which is considered to be a malicious falsehood.
Another common example of a malicious falsehood is when one person tells another that an individual is retiring. The individual cannot bring a claim for defamation as he has suffered no damage to his reputation. However, if the statement has caused him financial loss, such as his clients going elsewhere and he can show that the statement was made with malicious intent, he has a claim for malicious falsehood.
The statement can be written or oral.
Time Limits
Time is of the essence in these cases. You only have one year from the date of the publication to bring a claim, unless the Court accepts there were exceptional reasons for not doing so.
