Libel, slander, and the serious harm test
Defamation covers written or published statements (libel) and spoken ones (slander). Since the Defamation Act 2013, a statement is only actionable if its publication has caused, or is likely to cause, serious harm to reputation; for a business, that harm generally has to be financial. This threshold filters out trivial disputes and shapes how a claim needs to be put together from the outset.
The defences that matter
Truth is a complete defence if the substance of the statement can be proved accurate. Honest opinion protects genuinely held views based on facts that existed at the time, even if the opinion is harsh. Publication on a matter of public interest can also be protected, where the publisher reasonably believed publishing was in the public interest. Which of these applies, if any, usually decides the case long before trial.
Defamation claims must generally be brought within one year of publication, far shorter than most civil claims. The single publication rule also means republishing the same material later does not usually restart the clock. Delay is the most common reason a genuine claim is lost.
Before proceedings start
Most disputes begin with a letter before claim, setting out the statement complained of, why it is defamatory, and what outcome is sought: a retraction, a correction, an apology, or damages. A well-judged early letter resolves a large proportion of cases without litigation, particularly where the publisher has more to lose from a court hearing the detail than from a quiet correction.
Remedies
Where a claim succeeds, remedies include damages, an injunction restraining further publication, and in some cases an order that the defendant publish a summary of the judgment. Costs risk sits on both sides of a defamation dispute, which makes early, realistic advice on the merits as important as the underlying facts.