I've Received a Defamation Letter: What to Do Next

Receiving a letter before action for defamation — sometimes called a "cease and desist" letter — is alarming. The letter will typically demand that you remove specific content, publish a correction or apology, undertake not to repeat the statements, and pay the claimant's legal costs. This guide explains what the letter means, the deadlines you face, and what you should do next.

What Is a Letter Before Action?

A letter before action (also called a pre-action letter or protocol letter) is a formal legal letter sent before court proceedings are issued. In defamation cases, the Pre-Action Protocol for Media and Communications Claims sets out specific requirements for what the letter must contain. The letter is not a court order — it is a demand from the claimant's solicitors. However, ignoring it can have serious consequences.

What Happens If You Ignore It?

If you ignore a properly drafted letter before action, the claimant may:

• Issue court proceedings against you without further notice
• Apply for a default judgment if you fail to respond to the claim
• Seek adverse costs consequences for your failure to engage with the pre-action protocol
• Apply for an interim injunction ordering immediate removal of the content

The court takes compliance with the pre-action protocol seriously. A defendant who ignores the letter may face higher costs orders even if they ultimately succeed in defending the claim.

Your Options

When you receive a defamation letter before action, you have several options:

1. Comply in full: Remove the content, publish a correction, and negotiate a settlement. This is often the quickest and cheapest resolution.
2. Negotiate: Respond through a solicitor, offering partial compliance or proposing alternative remedies. Many defamation disputes settle through negotiation.
3. Defend: If you believe the statements are true, constitute honest opinion, or are in the public interest, instruct a defamation solicitor to prepare your defence. The Defamation Act 2013 provides several statutory defences.
4. Counterclaim: In some cases, the claimant's own conduct may give rise to a counterclaim — for example, if they have defamed you in their letter or in public statements about the dispute.

The Typical Deadline

Most letters before action give you 14 days to respond, although this varies. If you cannot respond in full within the deadline, your solicitor should write to the claimant's solicitors requesting a reasonable extension. A well-drafted holding letter demonstrates engagement with the protocol and buys time for a considered response.

What Not to Do

• Don't ignore the letter. The consequences of non-engagement are real.
• Don't respond directly without legal advice. Anything you write becomes evidence.
• Don't publish the letter or discuss it publicly. This may give rise to further claims.
• Don't delete content before taking legal advice. Deletion may be appropriate, but it should be a strategic decision, not a panicked reaction.

Related Reading

Letter before action guide | Defending a defamation claim | How defamation cases settle