Received a Letter Before Action for Defamation? What to Do Next

A letter before action (LBA) for defamation is a formal legal letter demanding that you take action — typically removing content, publishing an apology, and paying compensation. Receiving one is stressful, but how you respond can determine the entire trajectory of the dispute. This guide explains what to do.

What Is a Letter Before Action?

A letter before action is the first formal step in the pre-action protocol for defamation. It should:

• Identify the defamatory statement complained of
• Explain who the claimant is and how the statement refers to them
• Set out the meaning the claimant attributes to the statement
• Explain why the statement is defamatory
• Set out what the claimant wants (removal, apology, damages, undertaking not to repeat)
• Specify a deadline for response (usually 14 days)

What NOT to Do

When you receive a letter before action, avoid these common mistakes:

• Don't ignore it — failing to respond can result in the claimant issuing proceedings and seeking costs
• Don't immediately delete the content — this may be seen as an admission that it was defamatory, and it may weaken your position if you later want to defend the claim
• Don't respond aggressively — an intemperate response can be used against you in court
• Don't discuss the letter publicly — posting about it on social media can create additional problems
• Don't admit liability — any admissions can be used against you in subsequent proceedings

Step 1: Seek Legal Advice Immediately

The 14-day response window is short. Contact a specialist defamation solicitor as soon as possible. Many offer free initial consultations for defendants. A solicitor can:

• Assess the strength of the claim against you
• Advise on available defences
• Draft an appropriate response
• Negotiate on your behalf

Step 2: Assess Your Position

Consider these key questions:

• Is the statement actually defamatory? Not every negative statement meets the legal threshold
• Is the statement true? If so, the truth defence is a complete answer to the claim
• Was it an opinion rather than a statement of fact? The honest opinion defence may apply
• Was it in the public interest? The public interest defence under section 4 may be available
• Can the claimant demonstrate serious harm? This is a threshold requirement under the Defamation Act 2013

Step 3: Draft Your Response

Your response should:

• Acknowledge receipt of the letter
• Neither admit nor deny the allegations at this stage (unless you have clear instructions)
• Request further information if the letter is insufficiently detailed
• Reserve your rights
• Set out any initial position on the defences you may rely on

When to Consider an Offer of Amends

If you accept that the statement was false and defamatory, an early offer of amends can limit your exposure. An offer of amends involves:

• Publishing a correction and apology
• Paying compensation (to be assessed by the court if not agreed)
• A discount on damages for making the offer (typically 25-40% depending on when the offer is made)