COMMERCIAL LAW

Defamation & Reputation Solicitors

If someone has made damaging allegations against you, it’s important to seek legal advice. Reputation is of the utmost importance, especially in the digital world of today where defamatory publications can cost you dearly, not only in terms of lost opportunities or lost revenue, but also in terms of personal impact, with embarrassment and distress often being the result. It’s clear that action needs to be taken quickly before any damaging publication can spread.

At Carter Bond, we have a very good understanding of the relevant laws and its applications to assist you with your reputation.

For more information about our commercial law services please call us on +44 (0)20 3475 6751 or email info@carterbond.co.uk

What Are Defamatory Statements

A defamatory statement refers to a published statement to one or more people that could cause a reader to worsen their opinion of you. Statements that are untrue, insulting or upsetting may not necessarily be defamatory. Also, to be classed as defamatory, the publication must cause your reputation “serious harm”. The claimant has the burden of proof in defamation claims to demonstrate that the statement has not only been read but also serious harm has been suffered.

    What Constitutes “Serious Harm”?

    The threshold for “serious harm” is quite high, and depends on the publication’s circumstances. If only a few individuals have read the defamatory statement or the statement isn’t likely to be taken seriously the test probably won’t be met.

    Is There A Difference Between Slander And Libel?

    The term “libel” is used to describe a permanent form i.e. Written, whereas slander is only in a temporary form, i.e. spoken. There are a few exceptions but normally bringing a claim for slander requires actual loss to be proven, whereas for a libel claim you’ll usually be entitled automatically to compensation so long as the test for “serious harm” has been met.

    Is It Possible To Accidentally Defame Someone?

    The intention of the defendant is typically irrelevant. The primary issue is really what an average person would assume the words meant and if they’d cause harm to your reputation. It’s possible to defame somebody accidentally through carelessness. It’s also possible to be liable if you just repeat another person’s defamatory statement should it cause harm to the claimant.

    Is There A Time Limit On Bringing Defamation Claims?

    A claim must be brought within a year from the publication’s date. Only in exceptional circumstances will the time limit be disapplied.

    Which Remedies Could The Court Order If My Claim Is Successful?

    The court may order that you are awarded damages for injury to your reputation, for your distress and injury to your feelings, and to vindicate your defamation. They may also issue an injunction to prohibit similar statements being republished and the defendant may be required to pay your legal costs.

    In most cases though, a settlement will be made out of court with solicitors being free to negotiate the terms which could include compensation, an apology or retraction and an undertaking never to republish a similar statement. The costs of your case may also need to be paid by the defendant.

    How Do I Bring A Claim For Defamation?

    If you wish to bring a claim for defamation you must instruct us to draw up a Pre-Action Protocol Letter of Claim. In order to do this, we must review all the documentation including the publication that you are complaining of. Once this is done, we’ll prepare then send to the defendant the formal Letter of Claim which sets out your case as well as your requirements.

    In order to instruct us, contact our team today. We’re looking forward to helping you bring your claim.

    YOUR COMMERCIAL LEGAL TEAM
    Naju Chowdhury

    Naju Chowdhury

    Commercial Solicitor

    e: naju@carterbond.co.uk
    t: +44 020 3475 2719
    m: +44 07538 397 7721

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    Hammad Naveed

    Hammad Naveed

    Corporate Solicitor

    e: hammad@carterbond.co.uk
    t: +44 020 3475 2729
    m: +44 07377 190 406

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    Reena Popat

    Reena Popat

    Managing Partner

    e: reena@carterbond.co.uk
    t: +44 020 3475 2724 
    m: +44 07931 347 854

    READ MORE >


    COMMERCIAL HIGHLIGHTS

    We were awarded the ‘Commercial Lawyers – London’, in the 2020 UK Enterprise Awards

    WHY CARTER BOND
    Partner Led

    Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.

    Proactive Contact

    Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.

    City quality, outer City fees

    The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.

    ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer  the same high level service  they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.

    All in all, our clients win, which is the way we like it.

    Our knowledge and resources are yours

    All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading  your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.

    KIND WORDS

    “Cannot recommend highly enough!”

    Richard Stewart, Brambling Properties
    Richard Stewart,

    “Very professional.”

    Rakesh Dua, Dua & Co Chartered Accountants
    Rakesh Dua,

    “Their legal knowledge coupled with excellent client delivery is unique to the marketplace.”

    Trushār Patel, Love Vivacity
    Trushār Patel,

    “Fantastic service!”

    Faith Yildirim, Forever Forever Limited
    Faith Yildirim,

    “Excellent and efficient service.”

    David Rogers, Fairlop Properties
    David Rogers,

    “I would definitely recommend Carter Bond to all.”

    Deepesh Hirani, Infatech Security Systems
    Deepesh Hirani,

    “Excellent service and advice.”

    Dipak Hirani, Corecon Limited
    Dipak Hirani,

    “I would highly recommend the services of Carter Bond for any type of corporate or commercial work.”

    Enis Rafat, MIYA Solicitors
    Enis Rafat,

    “Very impressed with the high calibre team and wouldn’t hesitate to recommend them.”

    Thipa Moorthy, Subara Block Management
    Thipa Moorthy,

    “Very good and quick service.”

    James Batchelor, JHJ Property Investments Ltd
    James Batchelor,
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    GET IN TOUCH

    For more information, or to discuss your requirements, please contact our team on +44(0) 20 3475 6751 or info@carterbond.co.uk