Defamation Solicitors in Birmingham 

As Featured In

When your band’s reputation is under attack, Witan Solicitors can take swift action to minimise the negative impact of the defamatory statement and obtain satisfactory compensation. With over 100 years of experience, our defamation solicitors have the knowledge and expertise to navigate the complexities of defamation law and advise you on the best course of action to remediate the situation. Our team has helped clients make and defend defamation claims both via negotiation and mediation and in the courtroom. 

To get legal advice from our defamation solicitors in London, Northampton and Birmingham, contact us via email at info@witansolicitors.co.uk so you can take defamation action as soon as possible.

What are Defamation, Slander and Libel?

Any statement, written or spoken, that could be considered harmful to your individual or business reputation is considered defamation. A verbal defamatory statement is called ‘slander’ and a written one – ‘libel’. The law in the UK has different requirements for proving the two types of defamation. Our defamation solicitors will guide you through the differences and assist you in collecting the proof needed for a successful defamation claim.

The Grounds for a Defamation Claim

To make a defamation claim, the defamatory statement must fit the following criteria:

• It has already been made public
• It is defamatory by nature
• It is false
• It has directly caused you harm
• It has been presented as a fact  

Also, the person making the defamatory statement must be aware that their statement is heard or read by others.

What Evidence Do I Need to Prove Defamation?

According to the law in England, the burden of proof in a defamation case lies with the claimant. This means that the defendant does not have to prove that they haven’t defamed you, you need to prove that they have. To do that you need to show evidence that:

• The statement is false
• The statement has been made public with the knowledge of the defendant
• The statement is about you
• The statement has caused you serious harm 

Finding the right evidence to demonstrate these points can be tricky. This is why our team of defamation lawyers will work with you to collect all the necessary information to make your claim a success. 

Finding Out If You Have a Defamation Claim

Our Awards

We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.

How Our Defamation Solicitors Can Help

Whether you are looking to restore your reputation and get compensation for a defamatory statement made about you or if a defamation claim has been made against you and you need advice on how to defend against it, our team of defamation experts are here to help.

Taking defamation actions

Whether a defamatory statement is about to be made or it has already been made public, our defamation solicitors in London, Birmingham and Northampton can take action to protect your reputation quickly and effectively.

Early Action – Before Statement is Published

If you are aware that a defamatory statement about you is about to be published or broadcast, contact us as soon as possible, so our lawyers can contact the author to prevent the statement from being shared with the public. 

Removal After Publication

If the defamatory statement has already been made public, we can take track of the source and request for it to be removed immediately. We will also ask for a public apology to be made and we will negotiate appropriate compensation.

In addition to that, we can file for an injunction to prevent the defamatory material from being published ever again.

Making a Defamation Claim

If you would like to make a defamation claim, our experienced defamation lawyers will guide you through the Pre-Action Protocol for Defamation. The procedure begins by sending a pre-action letter of claim that notifies the defendant of your intent to claim and the nature of the claim. Writing the letter correctly is extremely important as a well-worded pre-action notice may be enough to start negotiations for a peaceful resolution before your claim is even brought to court.

If you go ahead with taking the defamation claim to the High Court, the general rule is that this has to be done within one year of the defamatory statement being made. Our team can assess the situation for you and advise you on whether the defendant’s financial situation makes it worth pursuing court action at this stage.

Defending a Defamation Claim

If someone has made an unjust defamation claim against you, there are four defamation defences we could use to challenge that:

• Truth: Prove the statement is true
• Honest Opinion: Prove the statement is simply your honest opinion and it has not been presented as a fact
• Public interest: Prove that the statement was published as a matter of public interest 
• Privilege: Prove you are not liable for defamation either under no circumstances (absolute privilege) or due to certain circumstances (qualified privilege)

If you are faced with a defamation lawsuit, get in touch with our defamation solicitors in Birmingham, London or Northampton immediately to discuss your defence options. 

Malicious Falsehood Claims

Our defamation solicitors can also help you claim damages caused by inaccurate or malicious statements that are not considered as defamation but harm your reputation. For example, if a competitor claims that you no longer offer certain services or products or that their product is better than yours when that is not true and you lose sales as a result of their untrue statements, you can sue for malicious falsehood. 

Negligent Misstatement Claims

Another example of a situation where a non-defamatory statement can cause harm and give you the opportunity to claim for losses incurred is a negligent misstatement. This applies to situations where an inaccurate statement is made about you without the person checking the facts first and you have experienced losses as a result. For example, if you miss out on a great job opportunity due to references that contain mistaken information. 

Defamation and the Internet 

In today’s world, bad publicity caused by false statements on the Internet can have a serious impact on the reputation and credibility of any business or individual. You can suffer financial losses and long-term brand damages as a result of false bad reviews or comments. Our team of defamation lawyers can work with you to have defamatory statements about you published online removed so you can work on rebuilding your image online.

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: Over a century of experience makes our defamation solicitors experts in their field 
• Proven Track Record: Established in 2014, Witan Solicitors is a trusted law firm with an excellent success rate in defamation cases 
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We never stop learning, allowing us to come up with innovative solutions for complex cases 
• Multilingual Support: Our team speaks over 10 languages so we can assist with multilingual and international cases 
• Defamation specialists near you: Our defamation solicitors are located in our offices in London, Birmingham and Northampton

Still unsure whether Witan Solicitors is the right fit for you? Talk to us about your case and find out how we work in a free, no-obligation consultation. Book yours on 0300 303 2071 today.

FAQ

What is defamation?

Defamation occurs when someone publicly makes a false statement about another person and they harm their reputation in the process. 

What is slander?

Slander is a spoken statement about someone who injures their reputation. 

What is libel?

A libel is a written statement about a person that harms their reputation. 

What’s the difference between libel and slander?

Slander and libel are both types of defamation. The difference is that slander is a spoken statement while libel is written. 

What are the four defences for defamation?

To prove their innocence, the defendant in a defamation case must prove one of the following:

• Truth – the statement isn’t defamatory because it’s the truth 
• Honest Opinion – the statement isn’t defamatory because it was presented as an honest personal opinion, rather than a fact 
• Publication on a matter of public interest – the statement isn’t defamatory because the information shared was a matter of public interest 
• Privilege (absolute or qualified) – the person who made the statement is immune to defamation claims due to special circumstances 

Can a company make a defamation claim?

Yes, if your company’s reputation has been tarnished by a false public statement, you could claim defamation. 

Can I make a defamation claim about online statements?

Yes, defamatory statements made online can cause serious harm and they are subject to legal action.

Can I make a defamation claim about information published on social media about me? 

Yes, false statements made on social media have a global reach and can have a significant impact on your reputation, so you can make a defamation claim against the publisher. 

What should I do if I don’t know who published the defamatory statement?

You can make a defamation claim against producers, publishers, editors and website owners too. For example, in an online publication where you don’t know the author, a formal request can be made to unveil the identity of the publisher. Legal actions could also be taken to remove defamatory content.  

How do I begin the process of making a defamation claim?

The pre-action protocol states that the first step in making a defamation claim is to notify the defendant with a pre-action letter of claim.

What are the time limitations on a defamation claim?

A defamation claim must be made within a year from the date when the defamatory statement was made public. An extension can be granted if you weren’t aware of the statement at the time it was made. 

Do I have to make a defamation claim in court to get compensation?

No, many defamation cases can be solved by negotiating a settlement outside of court. 

How do you prove defamation?

To prove defamation, you have to establish that the statement is false, it has been heard or read by others and the defendant knew that was happening. You also have to prove that the statement is about you and that it has caused you serious damage. 

What can I get if my defamation claim is successful?

You can have the defamatory statement removed and you can get an injunction to prevent it from being published again. You can claim compensation and request an official apology, as well.