How much can you claim for defamation of character
If you’re considering bringing a defamation case in the UK, it’s crucial to have an idea of the potential payout you might receive. Defamation claims are designed to compensate you for the harm caused to your reputation, but the amount you can be awarded varies depending on several factors. So, what’s the average payout for defamation of character in the UK, and how is it determined?
How are damages determined in defamation cases?
One of the most significant factors the court considers is how seriously your reputation was impacted and for how long. Defamation that causes long-term damage, particularly if it affects your career, social standing, or personal life, will result in higher damages than something short-term that might be forgotten within a year. The more severe and lasting the harm, the greater the compensation. A defamatory statement that spreads widely or goes viral can have a long-lasting impact, whereas a statement that fades from memory quickly will lead to lower damages.
If you are already in the public eye, hold a public office, or rely on your public image for a living, your damages awards are likely to be higher than if you are not. Public figures tend to suffer more significant harm to their reputation, especially if the defamation is widely shared. In defamation cases, the court also refers to the "Chase levels" when considering the seriousness of the defamatory statement. These levels, originating from the case Chase v News Group Newspapers Ltd (2002), classify different levels of defamatory meaning. You can read more about Chase levels in defamation cases.
At Chase level 1, the statement accuses someone of outright guilt; at Chase level 2, it suggests there are reasonable grounds to suspect wrongdoing; and at Chase level 3, it implies there are grounds for investigation. The court uses these levels to assess how damaging the statement is and to determine the appropriate legal response. More serious allegations, particularly those implying guilt or misconduct, will result in higher payouts. Another key factor is how widely the defamatory statement was distributed and for how long it remained in circulation. A defamatory remark made in passing to a small audience won’t carry the same weight as something that spreads across social media or is published in a national newspaper. The broader the distribution and the longer the statement remains accessible, the greater the potential for harm, and therefore, the higher the damages awarded.
Who decides how much damages you should be awarded?
In the UK, damages in defamation cases are awarded by a judge, as opposed to a jury, which is more common in the US. This leads to payouts generally being more controlled, ensuring a balanced and consistent approach. Judges carefully assess the facts and keep the damages proportional to the harm caused. Awards made following a trial tend to be higher, but many cases are settled out of court. In these instances, the damages can often be halved, reflecting the risks, costs, and uncertainty avoided by not going to trial.
What Is the range of payouts in defamation cases in the UK?
The range of payouts in defamation cases in the UK is quite broad. On the lower end, damages may only be a few thousand pounds. For example, in Barron v Vines (2016), a UKIP candidate was ordered to pay £1,250 for defamatory remarks. This reflected the fact that the statement had limited impact and was unlikely to cause long-term damage. In more significant cases, such as Cruddas v Calvert & Others (2015), Peter Cruddas, a former Conservative Party co-treasurer, was awarded £180,000 in damages after defamatory statements were published by The Sunday Times.
This case shows how higher payouts are possible when the defamation involves serious accusations and reaches a wide audience. At the top end of the scale, cases can involve large sums, particularly when they attract major public attention. Sir Elton John v The Sun (1987) resulted in a £1 million payout after false allegations were made about his personal life. This remains one of the highest defamation awards in the UK. More recently, Jack Monroe v Katie Hopkins (2017) is an example of a mid-range payout. Monroe, a food blogger, was awarded £24,000 in damages after being defamed on Twitter by Katie Hopkins. Although not a multi-million-pound award, it demonstrated that even social media defamation can result in significant damages.
The average payout for defamation in the UK will vary depending on the specifics of your case. Minor, short-term defamation might result in a small payout, while serious and long-lasting damage could lead to compensation in the hundreds of thousands of pounds. If you’re considering bringing a defamation claim, it’s essential to seek legal advice early to understand your options and ensure you get fair compensation for any damage to your reputation.
How to increase the level of damages in defamation cases in the UK
If you're looking to maximise the damages in a defamation case, one approach is to consider bringing additional claims alongside your defamation claim. In many situations, you could claim for other wrongs committed at the same time, such as malicious falsehood, breach of privacy, breach of data, or harassment. These additional claims can potentially increase the overall compensation you receive, especially if the court determines that multiple legal wrongs were committed. For example, a harassment claim could significantly increase the damages awarded, particularly if the defamatory statements were part of a wider campaign of harassment. If someone persistently targeted you with defamatory statements or harmful behaviour, causing emotional distress or fear, harassment could add a substantial amount to the compensation. Similarly, a breach of privacy claim can be especially valuable if sensitive personal information, such as financial or medical details, was wrongfully exposed as part of the defamation. Depending on the type of private information breached, the court may award significant damages to reflect the seriousness of the violation.
A notable example is the 1987's Sir Cliff Richard’s case against the BBC. Although he did not claim for defamation against the BBC, his legal case focused on breach of privacy rather than defamation. The case was based on the BBC's broadcast of a police raid on his home, which Sir Cliff argued was a violation of his right to privacy, especially since he had not been charged with any crime. The court ruled in his favour, finding that the BBC's coverage was intrusive and unjustified. In total, the BBC was ordered to pay £210,000 in damages, all centred on breach of privacy.
It's important to note that if you are bringing additional claims for malicious falsehood (where a false statement was made with intent to harm), breach of data (if your personal data was mishandled), or harassment, these claims are assessed separately by the court. They can result in extra compensation beyond what would be awarded for defamation alone. The court will look at the specifics of each claim and award additional damages if the facts justify it. However, you should keep in mind that it's not advisable to "shop for claims," for example by bringing a harassment claim as a substitute for defamation if the core of your case is defamation.
The court does not look favourably on claimants who try to bring multiple claims as alternatives when the main issue is clearly defamation. Instead, you should aim to bring these claims alongside the defamation claim, not as alternatives. This approach strengthens your case without the risk of it being dismissed due to an unfocused or fragmented legal strategy.
By bringing claims for harassment, breach of privacy, or malicious falsehood alongside defamation, you can significantly boost the level of damages awarded. However, it's important to seek legal advice to ensure that you navigate these options effectively and avoid any potential pitfalls in pursuing your claims.
From the seriousness of the damage to your reputation, to how long it has impacted you, the distribution of defamatory statements, and bringing additional claims, all of these factors work together to determine the payout you might receive. Seeking proper legal advice will help you assess your case and ensure you're fully compensated for any damage done to your reputation.