Proving “Serious Harm” under the Defamation Act 2013: The “Serious Harm Report” – Dave King

17 06 2015

reputation_iconThe result of section 1 of the Defamation Act 2013 is that a claimant in a defamation case must now establish that a publication “has caused or is likely to cause” serious harm to his or her reputation.  A common law damage was presumed and the proof of the existence of serious harm is potentially a difficult hurdle for a claimant to overcome.  The standard defendant response to a letter before action now usually involves a demand that the claimant identifies evidence of serious harm. Read the rest of this entry »