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Defamation Law and the One Year Rule

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Lawdit Solicitors - Expert Author

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Released 15 January 2008

If you have been defamed you must sue for defamation within one year of the statement being made(section 4(a), Limitation Act 1980). It is not a rule which is avoidable as it is subject to the court's broad discretion to extend the limitation period in circumstances where it is equitable to do so

The court will have regard to a number of prescribed factors, such as the reasons for the delay and the effect of the delay on the reliability of evidence. However it needs to be borne in mind that the law is seen to protect one's feelings from perhaps ridicule hatred and contempt. The law considers a period of one year to be a realistic period for someone to complain.

Michael Coyle is a solicitor advocate who specialises in information technology law and intellectual property law.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2008-01-27 15:35:24 in Legal Articles

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