Losing your good reputation can have a serious impact on both your professional and private lives.
Your personal reputation is very important to us, so we’ll fight to help you protect it. Our specialist lawyers can assist high-profile clients and those in the public eye to protect their good name.
Reputation management is the process of handling how the public perceive you. If someone has made comments about you (online or in other forms) that are unflattering, we can advise on whether their statements are defamatory, and whether they can be removed or retracted.
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Defamation is defined as an untrue statement that substantially adversely affects the reputation of a clearly identified individual or a company in the eyes of an ordinary person. The offending statements have to be published or communicated to a third party.
It can be divided into either slander (spoken words) or libel (words that are published), depending on how the comments are made.
If a defamatory comment is written down, such as on social media, it’s libel. Libel can also include broadcasts and stage productions.
If the same defamatory comment is spoken, it’s considered slander. Slander also includes gestures and so those who communicate via sign language can also be caught by this.
Both libel and slander are types of defamation and can have serious effects on your reputation.
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The Defamation Act 2013 sets out the law on defamation. This confirms that a statement is not defamatory unless a claimant can show that its publication has caused or is likely to cause serious harm to their reputation. This must be referenced to actual facts and the impact of the statement. One important factor to consider is the scale of the publication.
As slander is not permanent, in order for a claim for slander to be successful, a claimant will also need to show that there has been a measurable financial loss (i.e. special damage), unless the statement falls within two categories:
If the claimant is a business (i.e. a body trading for profit), they will also need to show that the statement has caused serious harm, and this harm has caused or is likely to cause serious financial loss.
There is no need for a claimant to prove that the defendant had an intention to defame.
To successfully challenge a defamation claim, a defendant must demonstrate one of the following key defences:
Suing for defamation can be a lengthy process, depending on whether the other party involved accepts fault or not.
Before you go to court, you’ll need to give the other party the opportunity to apologise. Often, the matter can be resolved with a retraction, or an apology and you can avoid the expense and inconvenience of going to court.
If the other party denies the allegation and says their statement is true, or ignore the correspondence, you may want to take them to court. At this point, our experienced legal team will help you decide whether your claim is likely to succeed if you choose to issue proceedings to the High Court. We’ll support you, advise you on the options available and keep you updated on the estimated cost of pursuing your case.
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A claim for harassment can be made through the civil or criminal courts.
Harassment is defined by the Protection from Harassment Act 1997 as “a course of conduct which amounts to harassment which the perpetrator knows or ought to know amounts to harassment”.
A course of conduct means two or more events, although in most cases there will be a long history of harassment.
The behaviour must reach a level of seriousness beyond irritations and annoyances and must cross the boundary between unattractive, and unreasonable behaviour to conduct which is oppressive and unacceptable.
This conduct can include threats made online on social media and through email as well as harassment in real life, such as stalking and phone calls.
Only an individual can bring a claim under the Protection from Harassment Act. However, it could be used to protect individual employees and directors from harassment.
A civil claim for harassment under the Protection from Harassment Act can lead to an injunction (court order to stop the behaviour) and compensation for distress (i.e. the anxiety caused) and financial losses. If an injunction prohibiting further harassment is breached, an application can be made for the Defendant to be committed to prison.
We regularly advise people who have been subject to harassing behaviour from third parties or have had had allegations of harassment levied against them.
Social media is a common area where defamatory statements are published, with users often feeling free to voice their opinions and thoughts without worrying about any consequences. A defamatory statement can be made on social media and published to thousands of people within seconds.
If your case concerns a comment made on social media, we can advise you on whether the website owner should be asked to remove it or if the person who made the offending comment should be pursued.
Access to top-tier legal professionals who truly appreciate the reputational impact of defamation is crucial. Our defamation lawyers have more than 40 years of experience in defamation, data protection and privacy law. We understand the importance of your public image and we know how to maintain it.
We will advise you on how best to protect your reputation and ensure your good name is preserved. Our leading lawyers provide legal advice tailored to your individual circumstances and requirements, advising you on the best course of action to take.
We’ll advise you on whether your case is likely to succeed, as well as any potential risks or costs associated with taking further legal action. We understand the importance of your reputation, so we’ll deal with your case respectfully and discreetly, working diligently to secure the best possible outcome for you.
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Harassment is defined by the Protection from Harassment Act 1997 as “a course of conduct which amounts to harassment which the perpetrator knows or ought to know amounts to harassment”. This can include threats made online on social media and through email as well as harassment in real life. We regularly advise people who have been subject to harassing behaviour from third parties.
In such cases it may be possible to stop the behaviour of the harassing third-party with a formal letter known as a “cease and desist letter”. If this doesn’t stop the harassing behaviour it may be necessary to issue proceedings under the Protection from Harassment Act 1997 and obtain a harassment injunction. This is an injunction that orders them to stop their harassing behaviour. If they don’t stop, legal action for contempt of court can be brought against them.
Injunctions can be necessary when trying to resolve defamation cases. The costs of issuing an injunction differs depending on the amount of available evidence. Our specialist team will be able to give you a breakdown of the costs and advise you on the best course of action.
