Malicious falsehood is a law that protects against statements which are not defamatory but are not factually correct and could cause damage to a person’s character. Malicious falsehood is different from libel and slander cases as statements made of a malicious nature cannot be deemed of defamatory status. A simple example of malicious falsehood would be to state that a Doctor has retired from a practice and as a result, the Doctor’s surgery incurred a drop in patients.
Such a statement would not be recognised by any Court as defamatory as it does not indicate any attacks of a defamatory nature. Instead, the statement would be recognised as malicious falsehood.
Another example of malicious falsehood is when a company makes false accusations in an advertising campaign against a competitor’s product. In all malicious falsehood claims, the Claimant must prove malicious intent of publication and refute any statements made by the Defendant to be true.
Additionally, a Claimant has to prove whether they have suffered from the actions of a malicious falsehood statement such as damage or financial loss. We must advise the limitation period for a malicious falsehood claim is one year and if the Defendant party publishes a retraction and apologises for the error it will reduce the chances of a Claimant being successful at Court.
At Bloomsbury Law, we have significant and wide experience of malicious falsehood cases. We have a vast amount of experience and have helped many individuals who seek to claim damages from malicious falsehood. Every case that we are instructed on present a unique and complex issue in their own right. It is vital to seek professional and specialist advice due to the consequences of making wrong decisions in the early stages of a claim as your actions may have catastrophic legal consequences.
We understand malicious falsehood can be a frustrating and stressful time, but it is of the upmost importance to contact our team of defamation specialists to receive expert advice.
What do I do next?
Contact us online or speak to one of our dedicated specialists on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.