Defamation - My rival is badmouthing me!
There is obviously nothing wrong with a bit of healthy competition – it's what your clients expect and its what your business thrives on. However, when things are being said about you which are untrue and potentially damaging to your business it is important to know what your options are and to react quickly (often by obtaining an injunction) especially if the comments are on the internet.
It is true that most defamation cases hitting the headlines involve the rich and famous. This doesn't mean that businesses do not take action when defamatory statements which could seriously affect their continued success (and in some cases may even result in the business going under) are made by rivals.
Defamation claims are expensive to pursue all the way to court. However, businesses should not lose sight of the fact that an apology, compensation for losses and legal costs can all be obtained before the courts need to be troubled. There is a pre-action protocol for defamation claims which sets out what needs to be done and when and should always be followed (for further details please see www.dca.gov.uk).
To have a defamation claim the comments made, either in writing (libel) or spoken (slander) need to be false and defamatory. The definition of defamation is that the average person's view of you or your business is reduced as a result of hearing the comment. You should follow the protocol if you wish to take action but first step back for a second and consider whether that is the right way forward for your business.
It may be more productive to put your time and money into a positive marketing campaign to ensure everyone gets the right story. Be very careful about what you say so as to avoid your rival claiming defamatory statements have been made by you! If the comments have been taken with a pinch of salt by those who have heard them and are not likely to be repeated consider just monitoring the situation. Be wary of the “no smoke without fire” scenario or increasing an already tense situation if the matter is between individuals.
Don't wait too long though as you only have a year after the comments to issue a claim for defamation. After that period you cannot take any action no matter how substantial your losses may be.
There are many areas to defamation claims (including calculating damages and evaluating defences) and other points to consider such as breach of confidentiality and wrongfully interfering with a contract in place. Once you are aware that you are being badmouthed it is important to seek immediate legal advice.
Lemon & Co have been advising all sizes of businesses and individuals for many years in respect of bringing and defending defamation claims. Everyone's position is different and we can discuss with you the best way forward given what has been said about you or by you.
Catherine Green
Solicitor
Lemon & Co Solicitors.
This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact Catherine Green by email on catherine.green@lemon-co.co.uk or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues
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