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Demand Letter For Defamation Template for England and Wales

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Key Requirements PROMPT example:

Demand Letter For Defamation

"I need to draft a Demand Letter For Defamation regarding false statements made about my company on social media by a former employee in January 2025, which have resulted in significant loss of business and reputational damage."

Document background
A Demand Letter For Defamation is a crucial preliminary step in addressing reputational damage under English and Welsh law. It should be used when false statements have caused or are likely to cause serious harm to reputation, as defined by the Defamation Act 2013. The letter typically precedes formal legal proceedings and aims to achieve resolution without court intervention. It must clearly identify the defamatory statements, demonstrate serious harm, and specify desired remedies such as retractions, apologies, or compensation. This document is particularly important given the one-year limitation period for defamation claims in England and Wales.
Suggested Sections

1. Recipient Details: Full name and address of the person/entity accused of defamation

2. Statement of Facts: Clear description of the defamatory statement, when and where it was made/published

3. Legal Basis: Explanation of why the statement is defamatory and how it meets the serious harm threshold under the Defamation Act 2013

4. Evidence Reference: Reference to supporting evidence of the defamatory statement

5. Demand/Remedy: Clear statement of what is being demanded (retraction, apology, damages, etc.)

6. Deadline: Specific timeframe for response and compliance with the demands

Optional Sections

1. Previous Correspondence: Reference to any previous attempts to resolve the matter, to be included when there has been prior communication

2. Financial Impact: Details of financial losses caused by the defamation, to be included when specific financial damages can be demonstrated

3. Third Party Recipients: List of other parties who have been copied into the letter, to be included when relevant third parties need to be informed

Suggested Schedules

1. Evidence Bundle: Copies of the defamatory statements, screenshots, publications, or other documentary evidence

2. Timeline of Events: Chronological listing of relevant events and communications related to the defamation

3. Damage Documentation: Evidence of harm or losses suffered due to the defamation, including financial records or testimonials

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses

















Relevant Industries
Relevant Teams
Relevant Roles
Industries

Defamation Act 2013 - Section 1: Serious harm requirement - A claimant must demonstrate that a published statement has caused or is likely to cause serious harm to their reputation

Defamation Act 2013 - Section 2: Defense of truth - A defendant can claim the statement was substantially true as a complete defense

Defamation Act 2013 - Section 3: Defense of honest opinion - Protects expressions of opinion as opposed to statements of fact

Defamation Act 2013 - Section 4: Publication on matter of public interest - Provides defense for statements on matters of public interest if the defendant reasonably believed publication was in the public interest

Defamation Act 2013 - Section 8: Single publication rule - Defines when the limitation period begins for online publications

Defamation Act 2013 - Section 9: Jurisdiction requirements - Specifies rules for bringing defamation actions against persons not domiciled in the UK, EU, or Lugano Convention state

Limitation Act 1980 - Section 4A: Sets one-year limitation period for bringing defamation claims, starting from the date of publication

Common Law - Libel vs Slander: Legal distinction between written defamation (libel) and spoken defamation (slander)

Common Law - Identification: Requirement that the defamatory statement must be shown to refer to the claimant

Common Law - Publication: Requirement that the defamatory statement must have been communicated to at least one person other than the claimant

Common Law - Burden of Proof: Principles determining which party bears the burden of proving different elements of the claim or defense

Civil Procedure Rules: Procedural rules governing how defamation claims must be brought before the courts in England and Wales

Pre-action Protocol for Media and Communications Claims: Specific procedures that must be followed before commencing formal legal proceedings in defamation cases

Practice Direction on Pre-Action Conduct: General guidelines on steps parties should take before commencing proceedings, including attempting to resolve the dispute

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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