![]() |
You consider that you may have been libelled.To bring a viable action in the English courts, you would need to be able to show that publication occurred in England or Wales. |
A claimant in a defamation action must show that the words they complain of would be understood by a hypothetical reasonable reader (i.e. requires publication to a third party) to refer to them and to bear a meaning defamatory of them, that is, a meaning which would tend to lower their reputation in the eyes of right-thinking members of society. |
The actual effect of the publication of the words is irrelevant to whether they are defamatory: this is determined by reference to right-thinking members of society only. A claimant must also show that the words complained of have been communicated (published) to a third party. Anyone involved in the publication of the words will be liable unless they can establish a defence. |
A defence can be for the defendant to show that although defamatory its words were published pursuant to the discharge of a public duty (e.g. reporting suspicion of a crime to the authorities) and are thereby privileged from suit but such a defence is vitiated if the claimant can show that the words complained of were published with malice. |
It is a defence for the defendant to show justification = substantial truth of the words complained of. |
We will discuss your specific options at the outset of our instructions and we will do everything we can to assist in helping you choose the most appropriate route.
We operate a national service for Civil Litigation Matters and represent people from all over England and Wales.
If you would like to obtain legal advice on any Civil Litigation matter then please contact our Civil Litigation solicitors on 020 8983 8944 or by email on info@nwsolicitors.com.
Copyright ©2009 Nationwide Solicitors | We are Authorised and Regulated by the Solicitors Regulation Authority SRA No. 573339 |