A positive reputation is so important, whether from a personal or business point of view. Here at Cohen Cramer Solicitors, we can help ensure that your reputation remains intact.
We have listed below the main areas of which may be effecting your reputation:
Defamation: Libel and Slander
The laws of defamation seek to protect an individual or company from false allegations that damage or lower their reputation either spoken or in a written format. We are an experienced team of solicitors who routinely deal with Claimant and Defendant defamation claims for many different clients about matters published in newspapers, letters, emails, books, or social media.
Whether your claim is libel or slander will depend upon the form of the allegation. As a general rule, the following applies:
- Spoken words are classed as slander
- That which is written or held in any other medium that has a degree of permanence such as a recorded song, blog, tweet or video, etc is classed as libel.
Further information can be found on our FAQ page which includes vital information such as the time limit for bringing a defamation claim.
When an individual or company brings a libel or slander action, they must show that the words are defamatory of them, that the words would be understood to refer to them by even one other person, and that the words have been published or spoken to a third party.
Since the introduction of the Defamation Act 2013 it has become increasingly difficult to establish Defamation, whether libel or slander. This is because the Act now requires a person to have suffered ‘serious harm to the reputation of the claimant’. Furthermore for a business to make a Defamation claim, not only does it have to suffer serious harm, but the defamation has to cause, or is likely to cause ‘serious financial loss’.
Privacy: Misuse of Personal Information and Confidence
Your personal information such as your relationship status, your political views, religious beliefs, the state of your finances, or your health are all important information that you are entitled to be kept private. If someone reveals such information about you defamation laws will not assist if the information is true, however, we can assist through pursuing the individual or company under the laws of breach of confidence.
Whilst English Law continues to be slow in recognising a separate legal cause of action called ‘breach of privacy’, by framing your claim in ‘confidence’ we can protect your private and personal information whether through obtaining an injunction to stop it happening, or obtaining damages to compensate you for the violations of your rights.
Your reputation, or the reputation of your business, may also be subject to the specific threats that the Internet poses and the anonymity it can provide to those who wish to damage you or your business.
This could, for example, include someone impersonating your company by setting up a website that is very similar to your own website to either make false claims, or divert trade away from you. We are well experienced in taking steps to stop on-line impersonation and resolving any disputed website domain names.
If someone blogs anonymously about you we can take steps to force the Internet Service Provider or the website host to reveal the identity of the individual who is responsible. We understand the urgency of these situations and our team of specialists are on standby to instigate the necessary legal action to ensure minimal damage is done to both you and your business.
We are well versed in the law relating to harassment and how this can manifest itself, particularly over the Internet, where individuals can seek to hide behind anonymity. If you consider that there have been at least two occasions of conduct that are designed to distress or cause you anxiety, you may well have a claim for harassment. If you are being subjected to harassment get in touch with us today to discuss how we can help stop this.
Other Statements: Negligent References and Malicious Falsehood
If your employer or former employer provides an untrue reference about you then defamation may provide an inadequate remedy, as the employer will rely upon a defence of privilege. However, we can seek to hold the employer liable by making a claim in negligence as an employer has a duty of care towards you to provide a reasonably honest reference, which is accurate and does not mislead.
Alternatively, if someone makes a false statement about you that does not defame you but causes you a loss, we can also help. For example, a business competitor states that you have retired or perhaps emigrated and this causes you to lose business and suffer financial loss, we can assist you by making your claim in malicious falsehood. This is separate from defamation but is still actionable.
Why choose us?
- We provide a compassionate service, handling sensitive issues with respect.
- We have specialist expertise in all areas of defamation, media, and reputation management.
- We act for both individuals and businesses to protect reputations.
- We are an approachable and accessible team, who will provide you with regular contact and updates in straightforward terms you will understand.
If you would like to discuss your potential defamation matter further, then please do not hesitate to get in touch with a member of our disputes team today by either of the following methods:
- Telephone: 0113 224 7808
- Email: firstname.lastname@example.org
Whether you are on the receiving end or being accused of defamation, do not delay in getting in touch with our specialists today.
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