Defamation2020-03-07T12:30:40+00:00
Fraser Chambers London Barristers

Defamation

We have experience in a wide range of defamation proceedings, ranging from pre-action advice to fully contested High Court clams and appeals.

Fraser Chambers has expertise in bringing and defending claims in defamation, including the defence of public interest, appearing in the key case about public interest before the Supreme Court, Serafin v M.

Fraser Chambers also has expertise in resolving disputes at the pre-action stage or after proceedings have been issued.  Many claims in defamation also have elements of harassment, an area in which Fraser Chambers can also advise.

We have experience in a wide range of defamation proceedings, ranging from pre-action advice to fully contested High Court clams and appeals.

Following a clear letter before claim, many publishers agree to remove defamatory content or correct it so that it is no longer defamatory.

Publications about individuals and companies are frequently made online, allowing a claim to be made in the Courts of England and Wales.

Under section 1 of the Defamation Act 2013, a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the Claimant.

It is not uncommon for the subject not to be directly named.  However, this is not necessarily fatal to any claim for defamation, provided that it can be shown that reference is being made to the Claimant.

Modern defamation claims have a preliminary trial on the issue of the meaning of the words used.  That allows the parties to take stock after the preliminary trial and consider whether to settle the claim.,

A common defence that is mounted in defamation proceedings is that the publisher f the comment is acting in the public interest.  A recent Court of Appeal case (Serafin v Malkiewicz [2019] EWCA Civ 852) adopted quite a strict approach to this defence, although this case is currently being appealed to the Supreme Court in 2020, when the scope of this defence will hopefully be further clarified.

Defamation

Practicing Defamation Barristers

Recent Defamation Cases

High Court hearing about harassment

July 16th, 2021|

Dr Anton van Dellen represented the Claimant in proceedings involving reports to different statutory agencies. Anton's client had been reported to his professional regulator and the Home Office by his former partner.  The hearing was before Mr Justice Saini.  Anton was instructed by North Ford solicitors. [...]

Dramatic change in s.4 public interest defence

June 3rd, 2020|

In Serafin v Malkiewicz [2020] UKSC 23 The Supreme Court has approved a fundamental change in the way in which the s.4 public interest defence operates, effectively lowering the threshold at which the defence is engaged and swinging the pendulum towards freedom of speech. Lord Wilson (with whom the four [...]

Recent Defamation News

Dr Anton van Dellen appointed Senior Bar Auditor for Inner Temple

October 1st, 2021|

Having previously been Junior Bar Auditor, Dr Anton van Dellen has been appointed as Senior Bar Auditor for Inner Temple. The role involves sitting on the Finance Sub-Committee of Inner Temple scrutinising departmental budgets and financial planning.  Anton has previously held senior management positions in the NHS.  Anton also [...]

Dr Anton van Dellen listed in legal directory

September 30th, 2021|

The Legal 500 has listed Dr Anton van Dellen in both the Defamation and Privacy category and the Inquests and Inquiries category. The Legal 500 references refer to Anton as 'A tenacious advocate who fearlessly advances his client's case' and  'A very powerful advocate - he is not afraid to [...]

Ministry of Justice proposes court fee increases

September 3rd, 2021|

The Ministry of Justice (MoJ) has now given notice that it will press on with 129 fee increases, saying there was a strong justification for the proposals. The MoJ states that the proposed increases reflect historic inflation and are therefore not an increase in real terms.  The new fees and fee [...]

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