Reputational damage claims—alternative causes of action


Produced in partnership with Mathilde Groppo of Carter-Ruck
Practice notes

Reputational damage claims—alternative causes of action


Produced in partnership with Mathilde Groppo of Carter-Ruck

Practice notes
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This Practice Note considers the relationship between causes of action for reputational damage claims which may provide alternatives to a defamation claim. The claims considered include malicious falsehood, misuse of private information, breach of confidence, breach of data protection laws, harassment and negligent misstatement.

The tort of defamation is the principal cause of action relied on to protect the right to reputation. Broadly, a defamation claim will arise where there is a publication to third parties of words which lower a claimant in the estimation of right-thinking members of society generally, and which convey an imputation capable of causing serious harm to their reputation in circumstances where there is no applicable legal defence. For more information, see Practice Note: Defamation.

In some circumstances, it may be possible and indeed necessary to consider bringing a different type of claim, which might even be against someone other than the primary publisher. While caution should always be exercised about the risks of ‘dressing up’ what would otherwise be a defamation claim (as this would leave a claimant vulnerable

Mathilde Groppo
Mathilde Groppo

Senior Associate, Carter-Ruck

Mathilde is a Senior Associate in the Media Litigation team at Carter-Ruck. Her practice encompasses all aspects of media law. She advises both claimants and defendants, individuals, charities and corporations, often acting against multiple defendants. She has been the lead associate in a number of recent media cases, obtaining the publication of various apologies and corrections, and several payments of 5 figure and 6 figure damages for her clients; and she assisted on various successful injunctions which were converted into permanent undertakings to the Court and into a permanent injunction. She is highlighted as a key lawyer and a rising star in the Legal 500.

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United Kingdom
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