Tuesday, September 29, 2009

NO WIN - NO FEE: Defamation and No Win No Fee

A recent Independent report has shown that London has become the defamation capital for the world of celebrates, there has also been a rise in defamation cases for us mere mortals and many aspects of the media has put this down those pesky no win no fee lawyers again. So as fame hungry celebrates continue on the quest for as much media attention as is humanly possible every day Joe public may suffer some form of defamation, what is the best cause of action for those who can't afford a high priced lawyer and is a no win no fee service the best service to use in a defamation case.

Most no win no fee companies tend to focus mainly on the bread and butter slip and fall cases but many people out there need help with a possible defamation claim; can no win no fee lawyers take up the good fight?

Firstly how do you know if you have a defamation case, the best way to describe defamation is if a person has said (slander) something that could damage your reputation or something has been written (Liable) that could damage your reputation. Obviously liable is much easier to prove in court than slander, so if you have written proof of some kind you already have a far stronger case. There are also certain criteria a statement has to meet to be considered defamatory, these being:

The allegation damages your reputation in some way It is available to third parties, i.e. other people will be able to access the defamatory statement made about you. Your name is clearly identifiable in the statement; there no point saying something is going to damage your reputation if people don't instantly link the statement to you. So if these criteria apply to you then you probably have a strong case, but are no win no fee lawyers the right people to take on your case. The first point to make clear is that if you are just looking for a public apology a no win no fee won't take on your case, the thing to remember is with no win no fee lawyers is that they charge based on how much compensation you receive, if there's no compensation to be received then they're not going to make any money.

Not all no win no fee solicitors will take on defamation cases but there are few legal services that will be willing to represent you on a no win no fee basis, and if they believe you have a good strong case then they will be fighting over each other to represent you. So if someone in the media or workplace has made a statement that could damage your reputation a no win no fee lawyer may be the best option for those who can't afford a high priced celebrity lawyer.

To read the full article. click Defamation and No Win No Fee by Seamus S

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