Can I sue for defamation if I haven't suffered a loss?

A false statement is deemed defamatory when it is presented as fact and communicated to a third party causing loss or damage to the reputation of an individual or business. The burden of proof in defamation law is not with the claimant’s lawyer to prove a statement is false, but with the defendant to prove it is true or to enact one of two specialist defences; that of fair comment or qualified privilege. In these situations it will then be down to your lawyer to prove that the defendant acted maliciously. Defamation law applies not only to those who make a false statement, but also to those who repeat, publish, broadcast or distribute it.

Whether you have to demonstrate a loss in defamation law depends on the form the defamation takes. In the case of slander, a successful action will depend in most situations on proof that loss was sustained. There are however a number of exceptional situations where this is not the case: These include where the slander stated that you had committed a criminal offence, were suffering from a contagious disease, had committed adultery, or where the slanderer used words calculated to damage your professional reputation, trade or business. In all these situations the loss sustained is assumed by the court without further proof required from you, the claimant.

The situation with libel is more straightforward; you will not be expected to prove any loss as in all libel actions loss is assumed to have followed the publication of the defamatory statement. A specialist defamation solicitor will be able to review the facts of your case to determine whether you have a viable claim.

Your lawyer can pursue a number of actions against a defamation including an injunction to prevent further publication of false statements and/or financial reparation to compensate for damages sustained.

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If you would like to know more about a defamation act uk, defamation compensation or defamation of character court cases visit Contact Law solicitors and lawyers.

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