The following Dispute Resolution guidance note Produced in partnership with 5RB provides comprehensive and up to date legal information covering:
Before the implementation of the Defamation Act 2013 (DA 2013), defamation actions acquired a reputation for technicality and disproportionate expense, largely because of the central focus on the meaning of defamatory statements. The government reacted to a groundswell of adverse media comment that English defamation law was too claimant-friendly by enacting DA 2013, which introduced a number of reforms making defamation a tortious action based equally on common law and statute, and abolished several common law defences through codification.
You may wish to refer to Duncan and Neill on Defamation (fourth edition, 2015) available subject to subscription.
At common law, a defamatory statement is defined as one that is published to a third party and would tend to lower the subject in the estimation of right thinking members of society. This should be assessed through the eyes of the hypothetical, reasonable person who will reflect current attitudes. There are some statements, for example, that the claimant is dishonest, which will always be defamatory. To this has been added a statutory threshold requirement under DA 2013, s 1 that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant, or, in
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234