Responding to a Defamation Claim: A Defendant's Step-by-Step Guide

Receiving a defamation claim — whether as a letter before action, a formal claim form, or a court order — can be alarming. However, defendants in defamation cases have powerful legal defences available. This step-by-step guide explains what to do when you are accused of defamation under UK law.

Step 1: Don't Panic — But Act Quickly

The most important thing is to respond within the required timeframes. Missing deadlines can result in default judgment against you. Key deadlines include:

• Letter before action — you should respond within 14 days (the pre-action protocol for defamation recommends this)
• Claim form — you must file an Acknowledgment of Service within 14 days of being served, or a Defence within 28 days
• Interim injunction application — if an injunction is sought, the hearing may be listed within days

Step 2: Preserve All Evidence

Do not delete, edit, or modify the allegedly defamatory content. Courts take a dim view of defendants who destroy evidence. Instead:

• Take screenshots and save copies of all relevant posts, articles, or communications
• Preserve any evidence supporting the truth of what you published
• Keep records of who saw the publication and when
• Save any communications with the claimant

Step 3: Understand the Available Defences

The Defamation Act 2013 provides several statutory defences:

• Truth (s.2) — the statement was substantially true
• Honest opinion (s.3) — the statement was a genuinely held opinion based on facts
• Public interest (s.4) — the statement was on a matter of public interest and you reasonably believed publication was in the public interest
• Privilege — absolute privilege (e.g., statements in Parliament or court proceedings) or qualified privilege (e.g., fair and accurate reports of proceedings)
• Website operators (s.5) — if you are a website operator who did not post the statement
• Peer-reviewed publications (s.6) — for academic and scientific publications

Step 4: Consider an Offer of Amends

If you accept that the statement was defamatory and false, making an offer of amends under sections 2-4 of the Defamation Act 1996 can significantly reduce your exposure:

• Publish a suitable correction and apology
• Pay compensation (assessed by the court if not agreed)
• If the claimant rejects a reasonable offer, this provides a defence to the claim

Step 5: File Your Defence

Your formal Defence must:

• Respond to each allegation in the Particulars of Claim
• Set out your defences with sufficient detail
• If relying on truth, specify the facts you say are true and the evidence you intend to rely on
• Be verified by a statement of truth

Costs and Funding

Defending a defamation claim can be expensive. Consider:

• Legal expenses insurance — check whether your household or business insurance covers legal disputes
• Conditional Fee Agreements (CFAs) — some solicitors will defend claims on a no-win, no-fee basis
• Qualified One-Way Costs Shifting — does not apply to defamation claims, meaning the loser generally pays the winner's costs
• Part 36 offers — making a well-timed settlement offer can protect you from adverse costs consequences