Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Justification definition

What does Justification mean? In defamation practice, justification is the defence that the words complained of are true in substance; if the sting of the imputation is proven, the claim fails. The defendant must prove the substantial truth of the defamatory meaning conveyed (natural and ordinary meaning and any true innuendo). Minor inaccuracies or immaterial errors will not defeat the defence. In England and Wales the defence is now statutory as “truth” under section 2 of the Defamation Act 2013, replacing the common-law label “justification”. It succeeds if the imputations complained of are substantially true, and is not defeated by failure to...

Objective justification in Equality Act 2010 discrimination claims: proportionality, legitimate aims, evidence, cost-plus, alternatives, and age-specific rules; key authorities include Seldon, Heskett, Ladele and Heyday.

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Practice notes

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Justification—the ‘justification Defence’

This Practice Note explores the concept of justification—often termed the ‘justification defence’—within Discrimination under the Equality Act 2010 (EqA 2010). It addresses what may amount to a proportionate means of achieving a legitimate aim. It assesses proportionality in cases of indirect discrimination (EqA 2010, s 19(2)(d)), including where the objective is to prevent discrimination linked to other protected characteristics. It reviews the notion of a provision, criterion or practice (PCP) and considers issues arising in relation to direct and indirect age discrimination (EqA 2010, s 13(2)) and the Heyday case. In doing so, it evaluates objective justification, defence (no discrimination), the burden of proof, the approach a tribunal should adopt, and circumstances where discrimination rights come into conflict. This Practice Note includes references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic measures enacted to fulfil UK obligations under EU law, such as the duty to implement a Directive (eg Directive 2000/78/EC, the Equal Treatment Framework Directive), are assimilated law...

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Web page updated on 21/05/2026

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