Litigating a Defamation Claim in 2025 - A How to Guide

Introduction

In recent years the defamation battleground has shifted away from the traditional media to social media. Historically the domain of specialists, it has become common for general practitioners to be approached by existing clients with defamation problems. The complexity of defamation law and procedure means that any litigator taking on such cases must ensure that they have the requisite level of competency.

This webinar looks at the core elements of defamation claims through a modern lens. It discusses some of the common mistakes made by non-specialist practitioners and how these can be avoided. It explains how claims should be analysed and advanced in protocol-complaint letters of claim and the steps towards resolution.

This subject is particularly important given the intense regulatory focus on this area of law and the risk of disciplinary action if a claim is asserted improperly.

What You Will Learn

This webinar will cover the following:

• The core elements of a defamation claim
• The most common defences
• Frequently asserted defamation claims that are bound to fail
• The SRA warning notice and avoiding your claim being branded a SLAPP
• How to prepare a letter of claim which is compliant with the Pre-Action Protocol for Media and Communications Claim
• What relief to seek pre-action
• Statements in open court following settlement
• How damages are assessed
• Issuing proceedings and procedure
• Preliminary trial issues on meaning and opinion
• Other courses of action to consider (malicious falsehood, harassment, privacy and data protection)

This pre-recorded webinar will be available to view from Friday 3rd October 2025

Alternatively, you can gain access to this webinar and 1,800+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.