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

Judgment on foreign language broadcast meaning

April 8th, 2022|

Dr Anton van Dellen is representing the Defendant, Dunya News, in a claim being brought against it by a Pakistani politician. Mrs Justice Collins Rice outlined the approach to determining meaning in foreign language broadcasts.  She also held that certain statements were expressions of opinion rather than fact in [...]

High Court considers claim to correct dental records

January 28th, 2022|

Dr Anton van Dellen was instructed by the Claimant who brought a claim to correct his dental records which he claimed were inaccurate. The claim included a dispute over an incident which occurred in the dental surgery and which the Claimant claimed was inaccurately recorded in the dental records.  [...]

Defamation claim against landlord

December 20th, 2021|

Dr Anton van Dellen represented a tenant who is bringing a defamation claim against his landlord and another individual. The Claimant claims that defamatory statements were made about him to his electricity provider.  The hearing in the High Court granted the Claimant’s application for a claim for an injunction [...]

Recent Defamation News

Shape of Who?

April 23rd, 2022|

Case Analysis: Sheeran & Ors v Chokri & Ors [2022] EWHC 827 (Ch) (06 April 2022) Liam Wells, Barrister, Fraser Chambers & Nicholas Reed-Langen, Visiting Scholar, The Hertie School Introduction   The music industry is a fickle business.  Talent only gets you so far, before you must ride your [...]

The court’s approach to key defences in the Defamation Act 2013

April 4th, 2022|

The Defamation Act 2013 marked an attempt to codify some of the pre-existing common law. However, this process has been criticised as potentially introducing further uncertainty. Some of the key areas where further complexities arose are in two of the available defences: honest opinion and public interest.  Dr Anton van [...]

Fraser Chambers welcomes Liam Wells

March 2nd, 2022|

Liam graduated in jurisprudence from the University of Oxford, has an LLM from King's College London in International Business Law and an LLM from the Erasmus School of Law in the Netherlands. He is currently completing his PhD on regulatory law at the University of Hamburg, is the Managing Editor [...]

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