Are defamation claims expensive?

If the defendant to a defamation claim is a large corporation, such as a newspaper, magazine, television programme or other media body, they will no doubt have top level legal representation. If you are going up against legal representation of this calibre, you will certainly want to ensure that your legal representation is of a similar standard.

With defamation claims often taking some time to proceed through the courts, the legal costs of a defamation claim can escalate quickly.

If you are unsuccessful in your defamation claim, you may have to pay not only your own defamation lawyer's legal fees, but also courts costs and the other side's legal fees. These costs can be considerable, especially if the other side's legal representation is a no-win, no-fee lawyer who has charged success fees on top of their ordinary legal fees.

It is important that you clearly understand the possible financial consequences of a defamation claim, whether successful or unsuccessful. Ask your defamation lawyer to explain the possible outcomes clearly to you, and be sure to clarify anything you do not understand.

Using a no-win, no-fee defamation lawyer is a common way of circumventing the financial risk associated with making a defamation claim. Under a conditional-fee agreement (CFA), your no-win, no-fee defamation lawyer will only require you to pay their legal fees if your case is successful. Since these costs are normally ordered to be paid by the losing party, this usually means you don't have to pay your own defamation lawyer's fees even if you win the defamation claim. Also, after-the-event insurance is available to cover such costs should they arise, or should you lose the claim and be ordered to pay the other side's legal fees and court costs.

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