Jurisdiction(s):
United Kingdom

Key definition

Defamation definition

What does Defamation mean? Defamation describes claims arising from publication to a third party of words, images or other communications that damage reputation. In practice it is an umbrella term for libel (generally written or recorded publications) and slander (transient speech), though some jurisdictions now treat defamation as a single cause of action. In England and Wales, the Defamation Act 2013 and case law require proof of serious harm to reputation (serious financial loss for bodies trading for profit) and adopt a single-publication rule. Libel is actionable per se; slander usually requires special damage, subject to limited exceptions. In Scotland, the Defamation and Malicious Publication...

Defamation Costs Budgeting Pilot under CPR PD 51D (England and Wales): Scope, Process and Practitioners' Duties, 2009-2013 (Archived)

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Practice notes

This Practice Note has been placed in archive and is retained for reference only. The Defamation Costs pilot scheme concluded on 31 March 2013. For guidance on costs budgeting, see: Costs budgeting and costs management—overview.

What is it?

The Scheme obliges participants in defamation actions (that is, actions involving allegations of Libel, slander and/or malicious falsehood) to supply the court with a granular projection of forthcoming base costs ('Costs Budget'). Parties must keep these Costs Budgets updated routinely, after which the court will either sanction or decline them. In practice, they set the benchmark for future costs recovery, and the court will not deviate from an approved Costs Budget save for good reason. The Scheme’s purpose is to ensure the court holds sufficient costs information to manage the case so that the parties are on an equal footing and that the costs they incur are proportionate to the claim’s value and the reputational issues (and, from 1 October 2011, public interest issues) in play. The court may therefore direct attendance at regular telephone costs management conferences so it can monitor costs...

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Web page updated on 21/05/2026

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