What to expect after you start a defamation case in the UK

Most people would have thought carefully about starting a defamation claim, yet they often miss some of the most relevant information, which is how the case is likely to end. Once your letter before action reaches the defendant, the situation becomes real for everyone involved. The pressure rises, the legal process begins and the next steps can shape the entire outcome of the case.

What is the likelihood of my defamation case reaching a trial

The likelihood of your defamation case reaching a trial is as low as 7–10 percent. In the UK, more than ninety percent of defamation claims issued in the High Court settle long before a trial date is even set. But do not be misled by this statistic.

This high settlement rate often means that the claimant is confident with their case, not the other way round. When a case is prepared correctly from the start, it allows the defendant to see the risks early and quickly understand that fighting to the end may cost far more than resolving the matter on sensible terms. Good preparation greatly increases the likelihood of an early positive outcome for the claimant.

What should a settlement in a defamation case look like

A good settlement in a defamation claim often goes beyond money. Most claimants want the defamatory statement removed, along with an apology or correction that restores their reputation and compensates for the harm caused. Settlement also commonly includes payment of the claimant’s legal costs.

All this often happens without the need for a trial, which saves stress, time and legal costs. On what terms a defamation case will settle will depend largely on the strategic approach taken by the claimant and their solicitors.

How to start a defamation claim that will put pressure on the defendant in the right place

A strong claim often begins long before documents reach the court. The first stage is securing the evidence in a way that is admissible in court. Next comes the task of identifying the precise meaning of the defamatory statement.

The court looks at the exact meaning a reasonable reader would take from the words used. This step shapes the whole claim, from the legal arguments to the evidence you need to show serious harm.

Usually the court will fix a meaning hearing very early in the day. A ruling in this preliminary hearing that the defendant’s words had a defamatory meaning will often create the first meaningful pressure point on the defendant’s side. Many cases are settled on good terms for the claimant at that point and do not go further, giving the claimant what they want without having to endure months, in some cases years, of uncertainty and high legal costs.

Under English defamation law, the claimant must demonstrate that they have suffered or are likely to suffer serious harm to their reputation. Ongoing reputational damage is likely to create yet another pressure point to press the defendant to settle on good terms for the claimant  as early as possible.

Another strategic decision the claimant will want to make early, in consultation with their legal team, is the choice of minimum and maximum remedies they will accept on a good settlement. There are various stages in the defamation case where the claimant can make an offer to settle, the refusal of which could have serious consequences for the defendant if and when they lose the case.

How mistakes before starting your defamation case may cost you dearly later on

Some common and unfortunate mistakes that clients and less experienced solicitors make before starting a defamation case, may cost the client dearly later on. The most common mistake is a poorly drafted letter before action, which may give the defendant confidence to resist.

Overstated allegations, weak evidence or certain omissions from the letter may come back to bite you later on. Strategically, these types of errors may give a defendant a renewed fighting energy.

From a legal point of view, they could also substantially weaken your case, resulting in proceedings being unnecessarily prolonged and any eventual settlement being reached on relatively poor terms for the claimant.

The most common reason for these types of costly errors is attempting to do it yourself at the early stages of the proceedings or instructing inexperienced solicitors, who lack the ability to think strategically.

what happens if your defamation case goes to trial

Although most defamation cases settle, some claims do go to trial. A defendant who is being poorly advised may refuse to engage or behave in a way that leaves settlement impossible.

In those situations, trial offers a clear and final answer. In recent years we have taken several cases through trial. You might need to take the matter all the way to trial, and with the right advice, having gone all the way to trial you should be winning, although this is never certain.

Why consult an experienced defamation solicitor before starting a defamation claim

Some of the most important decisions in a defamation case come at the very start. An experienced defamation solicitor will usually assess the general strength of your claim in a single detailed consultation. Although a case appears to have merit, there will inevitably need to be a more detailed consideration of the evidence, any reputational harm and the impact the defamation is having or has had on your reputation.

Having said that, this early stage often determines whether your case will sit within the ninety percent that settle positively or whether it should progress with a firm plan to reach trial.

At Cohen Davis we offer a fixed-fee initial consultation for this reason. During the meeting we provide a general review of your case from the outset. While the consultation is thorough and detailed, it is usually suitable only for cases that have not yet reached the court. If you have already started a defamation claim, we can advise you, but this will be outside the fixed-fee initial consultation offer. So the right time to call and book your initial consultation is now.