The Pre-Action Protocol for Defamation Claims aims to encourage exchange of information between parties at an early stage and to provide a clear framework within which parties to a claim in defamation can explore the early and appropriate resolution of that claim.
The Protocol applies to all claims for libel and slander. It sets out details of what a letter of claim for a defamation claim should contain. The letter of claim should be sent at the earliest reasonable opportunity since the limitation period for defamation claims is only one year.
The letter of claim should include:
Usually a claimant in a defamation case will seek the following remedies:
The Protocol encourages the claimant to identify the meaning(s) they attribute to the words complained of. This will include the natural and ordinary meaning of such words and, in some cases, any innuendo meaning.
In formulating both the letter of claim and response and in taking any subsequent steps, the parties should act reasonably to keep costs proportionate to the nature and gravity of the case and the stage the complaint has reached.
Before the letter of claim is formulated, the parties should consider whether some form of alternative dispute resolution (ADR) procedure would be more suitable than litigation, and if so, try to agree which form to adopt. The Protocol stresses that no party will be forced to mediate or partake in ADR, but it does state that both parties may be required by the court to provide evidence that alternative means of resolving their dispute were considered. Failure to do so may have costs consequences.
The claimant should indicate when they expect the defendant to respond to the letter of claim. Normally this will be within 14 days.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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