Defamation claim journey
Libel or slander claim under the Defamation Act 2013 — pre-action protocol, statement of case, and trial.
Who Uses This Journey
Claimants whose reputation has been damaged by a publication causing or likely to cause serious harm (s.1 Defamation Act 2013).
Stage-by-Stage Timeline
Pre-action protocol letter
Defamation PAP requires specific content — identify the publication, words, defamatory meaning, serious harm.
Issue claim
Tried in the King's Bench Division of the High Court (Media and Communications List).
Defences
Truth, honest opinion, public interest, qualified privilege, absolute privilege.
Meaning hearing
Preliminary issue often determined first — what do the words mean?
Trial
Trial by judge alone (juries abolished for defamation by Defamation Act 2013).
- Damages (capped at ~£300,000)
- Injunction
- Statement in open court
- Costs