Defamation barristers
A false and damaging statement can harm a career or a business overnight. A defamation barrister helps you decide quickly whether to act, how to respond, and whether a claim is worth bringing or defending.
What a defamation barrister does
Defamation barristers advise on and litigate claims about statements that damage a person's or a company's reputation. Libel covers permanent forms such as articles, online posts, reviews, emails and broadcasts. Slander covers spoken words, and is harder to sue on. Counsel acts for claimants who have been defamed and for defendants, including individuals, publishers and businesses, who are facing a complaint.
Much of the work happens before any claim is issued. A barrister can tell you whether a statement is defamatory, what it would be understood to mean, whether it has caused or is likely to cause serious harm, and what defences might apply. They can draft or respond to a letter of claim, seek a correction or apology, and negotiate takedowns and settlements.
Defamation claims often sit alongside related claims, such as misuse of private information, harassment, data protection and malicious falsehood. A good barrister will pick the most effective route, which is not always defamation.
Key points in defamation law
Serious harm
Under the Defamation Act 2013, a statement is only defamatory if it has caused or is likely to cause serious harm. Companies must show serious financial loss.
Meaning
The court decides the single natural and ordinary meaning of the words, often at an early preliminary hearing.
Truth
A complete defence if the defendant proves the statement is substantially true.
Honest opinion
Protects statements of opinion based on true facts that an honest person could hold.
Public interest
Protects publications on matters of public interest where the publisher reasonably believed publication was in that interest.
Website operators
Platforms have specific defences, and claims against anonymous posters may require disclosure orders.
Act within one year
Defamation claims must be brought within one year of publication. That is much shorter than most civil claims, and the court's discretion to extend it is used sparingly. For online content, the period usually runs from first publication, not each time the page is viewed.
Speed matters for practical reasons too. The sooner a defamatory post is challenged, the more likely it is to be removed before it spreads. A firm, accurate pre-action letter drafted by counsel often achieves that without litigation.
The cost and risk of defamation claims
Defamation litigation in the High Court Media and Communications List can be expensive, and the loser usually pays a large share of the winner's costs. That is why careful early advice is so important. Many matters are best resolved through a letter, a correction, an apology or a takedown, rather than a trial.
Written advice on whether a statement is actionable typically starts from around £1,000 to £2,500 plus VAT. Drafting or responding to a letter of claim is usually quoted as a fixed fee. A one-day hearing, such as a trial of meaning, generally starts from around £2,500 plus VAT for experienced junior counsel, more for senior counsel. Fees are agreed in writing first.
Instructing a defamation barrister
Individuals, professionals and businesses can instruct defamation barristers directly under the Public Access scheme for advice, letters and many hearings. For full litigation, counsel may recommend a solicitor to manage disclosure and evidence.
Send us copies of the statement, where and when it was published, and any correspondence. We will match you with suitable counsel and send a written fee before you decide. Clerk & Counsel is an intermediary and clerking service; panel barristers are independent and regulated by the Bar Standards Board.
Before you contact us
Preserve the evidence immediately. Take dated screenshots of the statement, including the URL, the author's name or handle, comments and shares, and keep copies of printed material. Note when you first saw it and anyone who has mentioned it to you, since evidence of how far it spread helps show serious harm. Record any concrete consequences, such as lost clients, cancelled contracts or enquiries from employers. Do not respond publicly in anger, as that can make matters worse and may itself create problems. With that material, counsel can advise quickly on meaning, serious harm and the best route to have the statement removed.
Common questions
Can I sue over a bad online review?
Only if it is a false statement of fact that has caused or is likely to cause serious harm. Honest opinions based on true facts are protected. A barrister can advise whether a review is actionable.
How long do I have to bring a defamation claim?
One year from publication. The court rarely extends this, so act quickly.
Can a business sue for defamation?
Yes, but a company must show the statement has caused or is likely to cause serious financial loss.
Can I instruct a defamation barrister without a solicitor?
Yes, under the Public Access scheme, particularly for advice and pre-action letters.
How much does a defamation barrister cost?
Written advice often starts from around £1,000 to £2,500 plus VAT and a one-day hearing from around £2,500 plus VAT. Fees are agreed in writing first.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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