Brydens Lawyers are experts in the prosecution of defamation claims. 

Defamation claims can often be difficult and complicated but they need not be.  With expert lawyers on your side providing specialised advice and representation the prosecution of a defamation claim can proceed without difficulty.

Defamation occurs when something is published, either in writing or verbally or by some other means of communication, and has the effect of or leads to the damaging of a person’s reputation.  The defamation laws are designed to protect a person’s reputation.

The law regarding defamation claims has been codified in the Defamation Act 2005.  It has removed the distinction between defamatory material communicated in writing and defamatory material communicated verbally.  Both are now actionable. 

For a defamation action to succeed there are three elements which must be established ultimately to the court’s satisfaction.  They are:

  1. The information was published by the proposed defendant.
  2. The material which was published identifies the plaintiff and;
  3. The material which was published and identifies the plaintiff is defamatory.

Any person or legal entity including local governments, companies and incorporated associations can be liable for defamation.  It is also open to the person defamed to bring proceedings against those who contributed to the publication of the defamatory material which could include the original author of the material, the publisher, journalists, television and/or radio stations who also are complicit in the publication of the defamatory material.

 

Time Limits

There is a very strict time limit of one year from the publication of the defamatory material for the purpose of commencing proceedings.  In the event that you have been defamed it is imperative that you contact Brydens Lawyers as soon as possible for expert legal advice and representation to determine whether a claim is available and if so, the way forward.

 

Legal Costs

Many people are daunted by the prospect of incurring substantial legal costs and therefore refrain from prosecuting defamation proceedings.  This should not be the case.  Upon engagement of Brydens Lawyers you will be advised in detail as to the actual costs and expenses that will be incurred in the course of the proceedings.  In the event that the defamation proceedings are successful then the defendant will be ordered to pay the party/party costs contribution to the defamed person in addition to any damages awarded.  Brydens Lawyers are experts in recovering a significant contribution from unsuccessful defendants by way of party/party costs in these types of proceedings so as to ensure that the financial impact of the proceedings on the client is minimised.

 

What Should I Do?

If you believe that you have been the subject of defamatory material then you should contact Brydens Lawyers for the purpose of ascertaining whether any cause of action is available to you.  Strict time limits apply so do not hesitate.

Brydens Lawyers – experts in defamation claims. 

Brydens Lawyers – protecting your future.

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