The Pre-Action Protocol for Media and Communications Claims
Defamation claims in England and Wales are subject to the Pre-Action Protocol for Media and Communications Claims. This protocol sets out the steps parties must take before issuing proceedings, including the content of a Letter of Claim, the time for response, and the information to be provided. Failure to follow the protocol can result in costs penalties, even for a party who ultimately wins the case.
We ensure full compliance with the protocol while using it strategically to advance our clients' interests. A well-drafted Letter of Claim, sent at the right time and in the right terms, is often the most effective tool in a defamation solicitor's arsenal.
Cease and Desist Letters
A cease and desist letter is a formal demand to stop defamatory activity. While not legally binding in itself, a professionally drafted letter from a solicitor carries significant weight. It puts the recipient on notice of the legal consequences of continued publication, creates a record that strengthens any subsequent claim, and often prompts immediate removal or correction.
We tailor each letter to the specific circumstances — a letter to a newspaper editor requires a different approach than one to an anonymous blogger or a former business partner. The tone, detail, and demands are calibrated to achieve the best outcome for the client. For more detail, see our guide on cease and desist letters for defamation.
Settlement Negotiations
Many defamation disputes settle through negotiation, either before or after the Letter of Claim. Settlement can include removal of content, publication of a correction or apology, an undertaking not to repeat the statement, and financial compensation. We negotiate settlements that reflect the full extent of harm suffered while being realistic about the costs and risks of litigation.
Mediation is also available as an alternative dispute resolution mechanism, and courts increasingly encourage parties to consider it before proceeding to trial.