Defamation solicitors: Funding and Settling a Dispute
Defamation occurs when a reputation is damaged without justification. Defamation can be either spoken (known as slander) or written (known as libel), and it is an offence that can result in a claim. Defamation and malicious falsehood claims arise when someone makes a statement that is untrue and causes harm to another person’s reputation or business.
Defamation claims can be complex, and the outcome of a case can depend on many factors, including the nature of the statement, the context in which it was made, and the intentions of the person who made it. It is important to seek legal advice as soon as possible if you believe you have been defamed, as there are strict time limits for bringing a defamation claim.
At Annecto Legal, we can put you in touch with defamation solicitors who can help protect you and your business from false claims and achieve a positive outcome on your case. We can also assist by helping you to secure litigation funding for your case.
Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes which are valued at over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller matters.
What is defamation?
Defamation is a legal term used to describe a false statement that harms the reputation of an individual or entity. Libel and slander are taken particularly seriously, as causing harm to a business’s reputation can result in financial loss for the individuals involved.
In the UK, defamation laws are governed by the common law and the Defamation Act 2013. To prove defamation, the plaintiff (the person who is bringing the claim) must demonstrate that the statement made about them was false, that it was communicated to a third party, and that it caused or is likely to cause serious harm to their reputation.
What is the role of defamation solicitors?
A defamation solicitor in the UK specialises in helping clients who have been the victim of defamatory statements. Here are some of the things that a defamation solicitor can do:
- Provide legal advice: Defamation solicitors can help you to understand your legal rights and options if you believe you have been defamed.
- Gather evidence: Defamation solicitors can help you to gather evidence to support your case, such as witness statements, expert reports, and other documentation.
- Draft legal documents: Defamation solicitors can draft legal documents, such as letters of claim before action, pleadings, and witness statements.
- Represent you in court: A defamation solicitor can represent you in court if your case goes to trial.
- Negotiate settlements: A defamation solicitor can help you to negotiate a settlement with the other side if they are willing to settle out of court.
In summary, defamation solicitors can provide valuable guidance and representation throughout the legal process, from pre-action protocol correspondence to court proceedings. They can help you to protect your reputation, seek damages, and hold the other party accountable for their defamatory comments.
Funding a defamation claim
If you are pursuing a defamation case, legal costs can escalate quickly. Therefore, it is essential that you are aware of the funding options that are available to you. Funding defamation claims can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a defamation case.
- Conditional fee agreements– Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
- Contingency fee agreement – Some defamation solicitors may offer to take on a defamation case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
- After the event insurance– After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements.
- Third party litigation funding– In some cases, third party litigation funders may be willing to provide funding for a defamation case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case.
How can Annecto Legal assist?
At Annecto Legal, our professional advisors assist clients in finding the right legal representation for their defamation disputes. With the right team, it is possible to put in place the appropriate litigation and dispute resolution funding and insurance to take the case all the way to court, if necessary.
We understand that reputation management for businesses is important and the best way to achieve this is to negotiate from a position of strength. Having specialist defamation solicitors and being fully funded gives you that strength and forces your opponent to the negotiating table.
If you want to find out whether you’ve got a claim for defamation, please contact us today. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.
Annecto Legal Ltd, 106 Kennedy Building, Murray Street, Manchester , M4 6HS
0800 612 6587