Before issuing defamation proceedings in England and Wales, parties are expected to follow pre-action conduct principles. Getting this stage right can resolve the dispute entirely — or significantly strengthen your position at trial.
Step 1: The Letter of Claim
The process begins with a detailed letter of claim sent to the proposed defendant. This letter should:
- Identify the specific words complained of
- Explain the defamatory meaning attributed to those words
- Set out why the statements are false
- Describe the harm caused or likely to be caused
- State the remedies sought (removal, apology, correction, damages)
- Set a reasonable deadline for response (usually 14–28 days)
Step 2: The Response
The proposed defendant should respond within the stipulated timeframe, either admitting liability, denying the claim with the basis for any defence, or making proposals for resolution.
Step 3: Negotiation and Resolution
Many disputes resolve at this stage through removal of content, publication of corrections, agreement on compensation, and undertakings not to republish.
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Step 4: Alternative Dispute Resolution
If correspondence doesn't resolve the matter, parties should consider ADR before issuing proceedings. Mediation is particularly suitable for defamation disputes.
Why Pre-Action Compliance Matters
Courts take a dim view of parties who issue proceedings without following proper pre-action steps. Non-compliance can result in adverse costs orders and a negative impression on the judge.
Related reading: Letter before action | Cease and desist letters | Defamation mediation
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