Defending a Defamation Claim
Received a letter of claim for libel or slander? Our London defamation solicitors explain your defences under the Defamation Act 2013 and act fast to protect your position.
If you have received a letter of claim alleging libel or slander, the most important thing is to act within days, not weeks. To defend a defamation claim in England and Wales, you must respond to the letter of claim (usually within 14 days), identify which defences under the Defamation Act 2013 apply, and test whether the claimant can prove serious harm. Many claims are resolved at this early stage without going to court.
This guide explains how defamation defences work under English law, what happens at each stage of a claim, and how our civil litigation solicitors protect individuals and businesses accused of defamation. If you are the person whose reputation has been damaged, see our defamation solicitors page instead.
Call 0207 100 2525 (24/7) or book a video consultation by Zoom, Teams, WhatsApp or Skype.
What is a defamation claim?
A defamation claim is a civil action brought by someone who says a statement you published about them has caused, or is likely to cause, serious harm to their reputation. Written or permanent statements (posts, articles, emails, reviews) are libel. Spoken statements are slander, which usually also requires proof of financial loss.
In England and Wales, defamation claims are heard in the Media and Communications List of the High Court under CPR Part 53. Since section 11 of the Defamation Act 2013, trials are heard by a judge alone unless the court orders otherwise. Scotland and Northern Ireland have separate rules.
What to do in the first 14 days after a letter of claim
Do not ignore a letter of claim, and do not reply in anger. Under the Pre-Action Protocol for Media and Communications Claims, you should give a full response as soon as reasonably possible. If you cannot respond within 14 days, you should say when you will.
- Note the deadline in the letter and the date the statement was first published.
- Preserve evidence. Screenshot or save the statement, its date, its reach (likes, shares, views) and anything that supports what you said. Removing a post can limit further harm, but keep a full copy first.
- Stop repeating it. Every new publication can create fresh liability.
- Do not contact the claimant directly about the dispute. Anything you say can be used as evidence.
- Check your insurance. Home, business or media liability policies sometimes include legal expenses cover for defamation.
- Take legal advice before you reply. Your response must state which imputations you accept or reject and outline the facts you will rely on, so it shapes your whole defence.
Is the statement actually defamatory? The serious harm test
A statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the claimant’s reputation. This threshold is set by section 1 of the Defamation Act 2013, and the claimant must prove it.
For a company or other body that trades for profit, serious harm means serious financial loss. Courts look at the actual or likely impact of the publication: how many people saw it, who they were, and what effect it had. A post seen by a handful of people who already knew the facts may not meet the test at all.
We also examine three threshold questions:
- Meaning. What would an ordinary reader understand the words to mean? Courts often decide this early as a preliminary issue.
- Reference. Would readers identify the claimant from the statement?
- Publication. Was it communicated to at least one person other than the claimant?
Defences to defamation under the Defamation Act 2013
The main statutory defences to defamation in England and Wales are truth, honest opinion and publication on a matter of public interest. Each has specific conditions. Section numbers refer to the Defamation Act 2013 unless stated.
- Truth (section 2): you must show the imputation conveyed is substantially true. It fails if you cannot prove the core sting with evidence.
- Honest opinion (section 3): it was opinion, it indicated its basis, and an honest person could have held it on facts existing at the time. It fails if you did not genuinely hold the opinion.
- Public interest (section 4): the statement was on a matter of public interest and you reasonably believed publishing it was in the public interest. It fails without that reasonable belief, for example if you made no attempt to check the facts.
- Website operator (section 5): you operate the site and did not post the statement yourself. It fails if you do not follow the notice process in the Defamation (Operators of Websites) Regulations 2013.
- Peer-reviewed publication (section 6): a scientific or academic statement published in a peer-reviewed journal. It fails if malice is shown.
- Absolute privilege (section 14 of the Defamation Act 1996 and common law): statements in court proceedings, Parliament, or fair and accurate contemporaneous court reports. It cannot be defeated.
- Qualified privilege (Schedule 1 of the Defamation Act 1996, section 7 and common law): a duty to make the statement to someone with an interest in receiving it, such as a reference or a report to the police or a regulator, or a protected report. It fails if malice is shown.
- Innocent dissemination (section 1 of the Defamation Act 1996): you were not the author, editor or publisher, took reasonable care, and did not know you were contributing to a defamatory publication.
Truth replaced the old common law defence of justification. You do not need to prove every word, only that the main imputation is substantially true.
Honest opinion replaced “fair comment”. The statement must read as opinion, not fact, and must signal what it is based on, even in general terms.
Public interest replaced the old Reynolds defence. The court considers all the circumstances and allows for editorial judgement, so careful research, a right of reply and balanced wording all help.
Consent is rarely the deciding issue in English defamation cases and should not be relied on without advice.
How the defence process works, step by step
A defamation defence follows a set sequence: pre-action correspondence, attempts to settle, court proceedings, an early ruling on meaning, evidence, and trial. Most cases end before trial.
- Letter of claim. Received from the claimant or their solicitors.
- Letter of response. States whether the claim is accepted, rejected or needs more information, the meaning you say the words bear, and the facts you rely on.
- Settlement and ADR. Without-prejudice negotiation, mediation or early neutral evaluation. The protocol warns that refusing ADR can lead to a costs penalty.
- Claim issued. If the claimant issues proceedings, you file an acknowledgment of service within 14 days of being served with the particulars of claim.
- Defence. Due 14 days after service of the particulars, or 28 days if you acknowledged service (CPR Part 1). Missing it risks default judgment.
- Preliminary issues. The court may rule early on meaning, whether the words are fact or opinion, and serious harm (Practice Direction 53B).
- Disclosure and witness evidence. Both sides exchange documents and witness statements.
- Trial. Usually before a judge alone in the High Court.
- Judgment and appeal. We advise on remedies, costs and any grounds of appeal.
Settling a defamation claim
Settlement can often be reached quickly and at lower cost through an apology, a correction, removal of the statement, or an offer of amends.
- Offer of amends. Under sections 2 to 4 of the Defamation Act 1996, you can offer to publish a correction and apology and pay compensation and costs. If accepted, any damages are assessed by the court with a discount. If refused, the offer itself can become a defence, unless you knew the statement was false and defamatory of the claimant. It must be made before you serve a defence.
- Part 36 offers. A formal offer under CPR Part 36 puts the claimant at costs risk if they reject it and fail to do better at trial.
- Settlement agreements. We draft terms covering removal, wording of any statement, confidentiality and costs, so the dispute cannot be reopened.
Can a defamation claim be struck out early?
Yes. Many weak claims fail at an early stage on limitation, serious harm, jurisdiction or abuse of process grounds.
- One-year limitation period. A claim must normally be issued within one year of publication under section 4A of the Limitation Act 1980. Under the single publication rule, the clock does not restart when the same statement is republished in substantially the same way. The court has a limited discretion to extend time under section 32A.
- Secondary publishers. The court cannot hear a claim against someone who was not the author, editor or publisher unless it is not reasonably practicable to sue the author (section 10 of the Defamation Act 2013).
- Overseas defendants. If you live outside the UK, the court must be satisfied England and Wales is clearly the most appropriate place to sue (section 9 of the Defamation Act 2013).
- Summary judgment. A claim with no real prospect of success can be dismissed under CPR Part 24.
- SLAPPs. Since 18 June 2025, courts can strike out a claim that is a SLAPP (strategic lawsuit against public participation) where the speech concerns economic crime, under sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023. The claimant must then show the claim is more likely than not to succeed, and the defendant is protected from most adverse costs.
What happens if you lose a defamation claim?
If a defamation claim succeeds, the court can award damages, grant an injunction stopping repetition, and order you to pay a large share of the claimant’s legal costs. Under the Defamation Act 2013, the court can also order a summary of its judgment to be published (section 12) and order a website operator to remove the statement (section 13).
Because costs usually exceed damages, the early decisions on response, settlement and Part 36 offers matter more than anything at trial.
Defending a claim over a social media post
The same rules apply to posts, comments, reviews and shares on Facebook, Instagram, X, TikTok and Google reviews. Sharing or retweeting can count as a fresh publication. If you run a page or group, the website operator defence may protect you for comments posted by others. For the claimant’s side of online disputes, read our guide on suing for defamation on social media in the UK.
How our defamation defence solicitors help
Our solicitors act for individuals, businesses, landlords, employers and online publishers facing defamation claims. We:
- review the letter of claim and your deadline on the day you instruct us
- assess meaning, serious harm and limitation before anything else
- draft a protocol-compliant response that sets up your strongest defence
- negotiate settlement or an offer of amends where that limits your risk
- defend proceedings in the High Court if the claim is issued
Defamation sits within our wider civil and commercial litigation practice. For an overview of other disputes we handle, see types of civil litigation in the UK.
Why Adam Bernard Solicitors?
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory
- 16 years in practice and more than 15,000 clients helped
- Offices in High Holborn (Central London) and Upton Park (East London)
- Available 24/7 by phone, and by video on Zoom, Teams, WhatsApp or Skype
- Clear advice on cost and risk at the outset, so you can decide whether to settle or defend
Received a letter of claim? Call 0207 100 2525 now, or contact our defamation team. Time limits in defamation are short, so early advice protects your options.
This article is for informational purposes only and does not constitute legal advice. It reflects the law of England and Wales as at 30 October 2026.
Frequently Asked Questions
What are the defences to defamation in the UK?
How long do I have to respond to a defamation letter of claim?
What happens if I ignore a defamation claim?
Is truth a complete defence to defamation?
Can I be sued for defamation for stating my opinion?
What is the time limit for a defamation claim?
Do defamation cases go before a jury in England?
Can I be sued for sharing or retweeting a post?
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