Defamation Lawyers Glasgow, Scotland & London

Defamation involves the making of a false statement which tends to lower the subject in the estimation of right-thinking members of society. If you have been the subject of defamation, our team of criminal defence lawyers can help. Call us on 0141 429 8166 or complete our online contact form.

The law of defamation in England and Wales was radically reformed by the Defamation Act 2013.  Reform has taken longer in Scotland – the Defamation and Malicious Publications (Scotland) Bill is currently before the Scottish Parliament.  As things stand, there are substantial differences between the two jurisdictions, including:

• In England, an action can only be brought where the defamatory statement caused ‘serious harm’. No such threshold applies in Scotland.
• In England, there is a specific defence available to operators of websites. No such provision applies in Scotland.
• In England, proceedings require to be brought within a year of the date of publication. The time limit in Scotland is three years.

The Human Rights Act, and the European Convention on Human Rights, apply in both jurisdictions.  Article 10 of the convention protects the right of freedom of expression.  Article 8 protects the right to a private life, including – in certain circumstances – a reasonable expectation of privacy.  Often it falls to the courts to judge where the line between the two rights is to be drawn.

Defamatory statements can be hugely damaging to the reputation and standing of the party affected, which in turn can lead to significant financial losses.  However, careful consideration needs to be given to the potential implications of bringing defamation proceedings, including the risk that the false claims are given further oxygen.

Contact our criminal defence lawyers for Glasgow, Scotland & London

Livingstone Brown has experience of assisting clients on both sides: the subjects of defamatory statements, as well as those accused of making them.  We recognise the need to consider the positive and negatives associated with all options, and to make a clear, informed decision at the earliest stage.  We have helped clients seek interdicts against publication, and made arguments around privacy rights.  We regularly work alongside media and PR advisers, as well as other legal firms with a related interest.  Importantly, we recognise the need for absolute discretion.

If you need specialist advice on your case, call us on 0141 429 8166 or complete on our online contact form.