What must be included in the pre-action protocol letter?

Before issuing a claim, you must send a pre-action protocol letter. This letter must specifically identify the publication, the words used, the defamatory meaning, and the serious harm caused. This step is required by the Defamation Pre-Action Protocol to ensure the defendant understands the allegations before court proceedings begin.

Where are defamation cases heard and who decides the outcome?

Defamation cases are tried in the King's Bench Division of the High Court, specifically within the Media and Communications List. The trial is conducted by a judge alone, as juries were abolished for defamation cases by the Defamation Act 2013. This ensures the legal complexities of media law are handled by specialist judges.

What defences can a defendant raise against a defamation claim?

Common defences include truth, honest opinion, public interest, qualified privilege, and absolute privilege. Additionally, a preliminary 'meaning hearing' is often held first to determine exactly what the words mean before the main trial proceeds. The court may also consider whether the publication was protected by privilege.

What can I win if I succeed in a defamation claim?

If successful, you may receive damages, which are typically capped at approximately £300,000. Other potential remedies include an injunction to stop further publication, a statement in open court, and an order for the defendant to pay your legal costs. The specific remedy depends on the circumstances of the case and the court's discretion.

All Legal Journeys

Civil Litigation

England & Wales

5 stages

12–24 months

Reviewed 2026-05-22

Defamation claim journey

Libel or slander claim under the Defamation Act 2013 — pre-action protocol, statement of case, and trial.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

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.

Deadline: 1 year from publication (s.4A Limitation Act 1980)

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).

Possible Outcomes

Damages (capped at ~£300,000)
Injunction
Statement in open court
Costs

Official Sources

Defamation Act 2013

Frequently asked questions

What must be included in the pre-action protocol letter?: Before issuing a claim, you must send a pre-action protocol letter. This letter must specifically identify the publication, the words used, the defamatory meaning, and the serious harm caused. This step is required by the Defamation Pre-Action Protocol to ensure the defendant understands the allegations before court proceedings begin.
Where are defamation cases heard and who decides the outcome?: Defamation cases are tried in the King's Bench Division of the High Court, specifically within the Media and Communications List. The trial is conducted by a judge alone, as juries were abolished for defamation cases by the Defamation Act 2013. This ensures the legal complexities of media law are handled by specialist judges.
What defences can a defendant raise against a defamation claim?: Common defences include truth, honest opinion, public interest, qualified privilege, and absolute privilege. Additionally, a preliminary 'meaning hearing' is often held first to determine exactly what the words mean before the main trial proceeds. The court may also consider whether the publication was protected by privilege.
What can I win if I succeed in a defamation claim?: If successful, you may receive damages, which are typically capped at approximately £300,000. Other potential remedies include an injunction to stop further publication, a statement in open court, and an order for the defendant to pay your legal costs. The specific remedy depends on the circumstances of the case and the court's discretion.