Libel claims

Something untrue has been published about you in permanent form. Two things decide whether you have a claim, and neither is what most people expect.

The two questions

Not: is it untrue? Falsity matters, but it is not the threshold. The publisher has to prove truth if they want to rely on it — the burden is on them — so you do not have to prove a negative.

Has it caused serious harm to your reputation? Since the Defamation Act 2013, a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm. The Supreme Court has confirmed this is judged on the actual facts of the statement’s impact, not on whether the words look damaging in the abstract.

So the question becomes: who saw it, who are they in relation to you, and what happened afterwards? A false allegation of dishonesty seen by twenty people in your industry can clear the threshold where the same words seen by thousands of strangers might not.

And: are you in time? One year, and in libel that year runs from first publication — not from when you discovered it. This is the rule that ends more claims than any defence.

What counts as libel

Defamatory material in permanent form: newspaper and magazine articles, online publications, blog posts, social media, emails, letters, reviews, broadcast material, and anything else recorded rather than merely spoken.

The material must be published to at least one other person, refer to you — which it can do without naming you, if people who know you would understand it as referring to you — and bear a defamatory meaning.

Meaning is frequently the battleground. What a publication means is decided objectively, by reference to how the ordinary reasonable reader would understand it — not what the publisher intended and not the worst construction you place on it. A great deal of libel litigation is fought over meaning before anything else is argued, because the meaning determines what the publisher has to prove.

If you are claiming as a company

The threshold is higher. A body trading for profit must show serious harm in the form of serious financial loss — lost contracts, cancelled orders, a measurable revenue effect that can be tied to the publication.

Reputational damage alone is not enough, and this is where most corporate libel claims fail. Before anything else, the question to answer is whether the financial loss can actually be evidenced.

The defences you will meet

Truth. A complete defence if the publisher proves the statement is substantially true of the meaning it actually conveys. Note the two qualifications — substantially, and of the meaning conveyed rather than the meaning intended.

Honest opinion. Protects a statement of opinion, rather than fact, where the basis of the opinion is indicated and an honest person could have held it. The line between fact and opinion is itself frequently argued.

Publication on a matter of public interest. Where the statement was on a matter of public interest and the publisher reasonably believed publishing it was in the public interest. This is the defence responsible journalism relies on.

Privilege, absolute or qualified, protecting reports of court proceedings, parliamentary material and certain other occasions.

What you can realistically achieve

Removal or correction, which is what most clients actually want and what a well-judged letter frequently achieves without proceedings.

An apology or right of reply, sometimes worth more than damages because it is what appears in the search results.

Damages, compensating for harm to reputation and distress rather than calculated from a formula.

An injunction to restrain repetition.

What you cannot achieve is erasing something from the internet entirely. Anyone promising that is selling something.

What we do

Assess whether the serious harm threshold is met — honestly, including when it is not. Advise on meaning, which shapes everything after it. Draft the letter of claim, which resolves a good proportion of matters. Negotiate corrections, apologies and undertakings. And issue proceedings where that is what it takes.

What it costs

The first stage is a fixed fee: a review of the material, an assessment of serious harm, and a view on realistic options. That is where most of the value sits, and most matters are resolved by the letter that follows it.

Proceedings are charged hourly at £400 plus VAT with a stage-by-stage estimate. Note that costs generally follow the event in the High Court — the losing party may be ordered to pay the other side’s costs — and we will explain what that means for your matter before anything is issued.

Questions

Questions people ask us

How long do I have?

One year from first publication. Not from when you discovered it. The court has a discretion to extend but it is exercised sparingly and should not be relied on.

They keep reposting it. Does that restart the clock?

Generally not. The single publication rule means a later publication of substantially the same material by the same publisher does not give you a fresh year. Publication by a different person is a different matter.

It does not name me. Can I still sue?

Possibly. The material must be understood as referring to you by people who know you — which does not require naming.

They say it is true. Is that the end of it?

Only if they can prove it, and the burden is on them. It must be substantially true of the meaning the statement actually conveys — which is often narrower or wider than the publisher intended.

How much is a libel claim worth?

Damages compensate for reputational harm and distress and are not calculated from a formula. For most clients the more valuable outcomes are removal, correction and an apology.

The hub

Defamation & reputation →

Also in this area

Slander claims →

Also in this area

Online defamation, reviews and social media →

Start with a conversation

A free 20-minute call. Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost.

No charge

A free 20-minute call

Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost. No advice is given on this call and there is no charge for it.

£350 plus VAT

A paid strategy session

One hour with a partner, followed by a written summary of your position and options. For people who want proper advice without instructing a firm yet. Credited in full against your fees if you go on to instruct us.

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