Slander claims

Spoken defamation. Genuinely harder to bring than libel, for reasons worth understanding before you spend anything.

Why slander is harder

You usually have to prove financial loss. Unlike libel, where damage is presumed, a slander claimant generally has to show actual financial loss caused by the words — a lost contract, a withdrawn job offer, a client who stopped instructing. There are limited exceptions, including allegations that someone has committed an imprisonable offence and allegations calculated to disparage them in their trade, business or profession.

Evidence is a real problem. Spoken words leave no record. You need witnesses who heard them, are willing to say so, and can recall what was said with enough precision to be pleaded. Recollection of exactly what was said, months later, does not survive cross-examination well.

Serious harm still applies. The section 1 threshold applies to slander as to libel, so the words must have caused or be likely to cause serious harm to reputation — and a company must show serious financial loss.

When time starts — different from libel

One year, as with libel. But in slander the cause of action generally accrues when the financial loss is suffered, which may be later than when the words were spoken.

That can help. Someone who learns months afterwards that they lost a contract because of something said about them is not necessarily out of time simply because the conversation was a year ago. It is worth having checked rather than assumed.

What most slander enquiries turn out to be

A considerable proportion of people who come to us about slander have a stronger claim under a different heading, and identifying that early is most of the value.

It was actually written down somewhere. An email, a message, a note of a meeting, a post. That is libel, with no requirement to prove financial loss.

It was said at work, about a protected characteristic. That may be harassment under the Equality Act — no requirement to prove loss, uncapped compensation, and a separate award for injury to feelings.

It was a course of conduct rather than one statement. That may be harassment, which has its own remedies.

It was said to damage your business, whether or not it damaged your reputation. That may be malicious falsehood.

It was said in a reference. References carry their own duties, and a negligently or maliciously given reference is actionable on a different basis.

So the first question is not “do I have a slander claim” but “what is the best way to frame what happened”. Frequently it is not slander.

What we do

Establish what was actually said, to whom, and what followed. Work out whether slander is the right claim or whether something else is stronger. Where slander is right, identify the witnesses and the loss. And where it is not, tell you what is.

What it costs

An initial assessment is a fixed fee, and on this claim in particular it is the sensible first step — because a good proportion of slander enquiries resolve into a different and better claim, and that is worth knowing before anything else is spent.

Proceedings are hourly at £400 plus VAT. Costs generally follow the event, so the losing party may pay the other side’s costs.

Questions

Questions people ask us

Do I have to prove I lost money?

Usually yes, which is the main difference from libel. There are exceptions, including allegations of an imprisonable offence and allegations disparaging you in your trade or profession.

It was said to several people but nobody will give evidence. Can I still claim?

It is very difficult. Slander depends on proving what was said, which depends on witnesses. Without them the claim is usually not viable, however true your account is.

They said it in a meeting that was minuted. Is that slander or libel?

The minute is written, so that part may be libel — which is easier. Always check whether something was recorded anywhere.

How long do I have?

One year, but in slander the clock generally runs from when you suffered financial loss rather than from when the words were spoken. That can be later than you think.

My manager said something untrue about me to colleagues. What are my options?

Possibly slander, possibly harassment or discrimination if it related to a protected characteristic, possibly a claim about a reference, and possibly an employment claim. These frequently overlap, and which route you take makes a substantial difference to what it is worth.

The hub

Defamation & reputation →

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Online defamation, reviews and social media →

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