Can you bring a defamation claim in the small claims court? No. Defamation claims in England and Wales must be brought in the High Court (specifically, the King's Bench Division). This guide explains why, what the process involves, and how to manage the costs of a High Court claim.
Why Defamation Goes to the High Court
The Civil Procedure Rules (CPR) and Practice Direction 53B require that all defamation claims are issued in the High Court. This is because defamation cases involve complex legal issues — including the serious harm test, statutory defences, qualified privilege, and freedom of expression — that require specialist judicial handling. County courts and small claims tracks do not have jurisdiction.
What This Means for Costs
High Court proceedings are more expensive than small claims court. Court fees, solicitor costs, and the potential liability for the other side's costs if you lose make defamation litigation a significant financial commitment. However, there are important mechanisms to manage costs:
- Pre-action resolution: The vast majority of defamation disputes settle through pre-action correspondence without court proceedings
- Conditional Fee Agreements (CFAs): Some solicitors offer "no win, no fee" arrangements for strong defamation claims
- Damages-Based Agreements (DBAs): The solicitor takes a percentage of any damages recovered
- After-the-event insurance: Protects against adverse costs if the claim is unsuccessful
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Alternatives to Court Proceedings
If the full costs of High Court proceedings are prohibitive, alternatives include:
- A pre-action letter demanding removal, correction, and an apology — this resolves many cases
- Platform reporting and removal requests (for online content)
- Mediation — a structured negotiation with a neutral mediator
- A complaint to the relevant regulator (e.g. IPSO for press, Ofcom for broadcast)
Can I Represent Myself?
You can represent yourself as a litigant in person in the High Court. However, defamation law is highly technical, and self-representation is not recommended. The procedural requirements, evidence rules, and costs risks make specialist representation essential for most claimants.
Related Reading
How much does a defamation lawyer cost? | Our fees and funding options | Representing yourself in a defamation claim
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