Why instruct David. - David Magill, Partner and Solicitor Advocate

Defamation

Defamation -Libel and Slander

David Magill is a recognised authority in the area of defamation (both libel and slander) as well as reputation management. We have particular expertise and a strong reputation for their services in this specialist area of the law. We have a specialist defamation and reputation management team to provide dedicated advice to individuals and companies whose reputations have been attacked.

If you are an individual or company or organisation and your reputation has been attacked from gossip, rumour, lies or malicious comments, whether online, in print or spoken, this can have a devastating impact and cause serious harm and distress. Reputations built up over many years can be damaged. Your reputation is a valuable yet fragile asset that must be protected. Any damage must be compensated and your reputation vindicated.

The first step we always take is to acquire a detailed understanding of you or your business, and the background to any attacks that are being made against you. We can then assess and advise you as to appropriate strategies to stop any attacks, repair any damage that has been caused and prevent any attacks being made against you in the future. Depending upon the factors in your case and your attitude towards litigation, various strategies can be explored such as demanding that a perpetrator will “cease and desist” their actions, obtaining an injunction, seeking an apology or pursuing a claim for compensation.

David Magill has an enviable record of success in taking decisive action for clients when their reputations have been damaged or are at risk.

If you require any information or assistance because your reputation has been damaged or is coming under attack please contact us as soon as possible. We are happy to have a no obligation conversation to see if we can help you. We also have experience acting for Defendants as well as Claimants in defamation proceedings; we can assist and advise in strategic management of defamation claims from “both sides of the fence”.

Why instruct David for Defamation and Privacy

Defamation and Privacy

There are many solicitors who may be willing to assist you. However, there are good reasons why you should instruct David Magill through Simon Burn Solicitors.

You will not be charged for the case assessment upon your first enquiry. If upon the first enquiry we will only accept you instruction if it is identified that value can be added to the situation and we can provide you with genuine assistance.
David is an expert in pursuing defamation (both libel and slander) and privacy claims and has a superior track record in this area of the law. He also has significant expertise and track record with insolvency, corporate and commercial matters.
As a solicitor with lengthy expertise he make an early assessment of your case quickly and efficiently when you enquire .
David has access to a network of highly skilled Barristers and other experts who can be instructed when additional expertise is needed (to maximise your chances of success).
Based in the Midlands, central to United Kingdom, and therefore easily accessible to clients based all over the United Kingdom. David and Simon Burn Solicitors also act for clients who are based outside the UK and need assistance to take action in the UK under English law.
David is happy to travel to you to discuss your case following an initial assessment.

Defamation-What I can do for you.

What I can do for you?

If your reputation or the reputation of your business has or may come under attack, whether from gossip, rumour, lies, malicious comments then I can assist you. There are many ways that Ican assist you;

I can assist you in immediately responding to any threats that have been made and seek the removal of malicious comments from the Internet.
I can demand that the perpetrator does cease and desist, and where required threaten to issue proceedings on your behalf against the perpetrators to stop the damage as soon as possible.
I can advise you on obtaining orders for third party disclosure, such as a “Norwich Pharmacal” order where the perpetrator has attempted to hide his or her identity when making comments online.
I can advise you as to the merits of your case and the evidence before you proceed.
I can assist you if your claim is already issued and you are subject to court applications.
We can advise you as to how maximise the chances of successfully prosecuting any proceedings against the perpetrator or defending any claims or counterclaims..
I can bring the case to Court, instructing leading barristers from specialist chambers and manage the procedural aspects of any proceedings on your behalf.
I can tailor our service to suit your needs and budget. Whether you just want some advice or need to be robustly represented in Court, we can help whether you are the Claimant or Defendant.

What I can do

Services-What I may be able to do for you.

Court Action without notice to the perpetrator: If the publication is threatened and that threat is real, then we can seek an injunction preventing publication (including provisions to make the injunction anonymous to continue to protect your privacy). Breach of the terms of the injunction will be a contempt of court and could result in imprisonment.

Practical action such as contacting the perpetrator, or websites and internet service providers to seek the “taking down” of any published material. We make the approach on a friendly basis however the threat of legal action is in our experience the best leverage.

We would seek in addition to “take down” undertakings never to republish what has been published or any material which relates to you whether sexual, private or otherwise. We would further seek unreserved apologies, if appropriate damages, and your legal costs incurred.

If we are unable to have the matter resolved with by way or a pre-emptive injunction, or by way of pre-action correspondence then you may wish to start the proceed to wards formal court proceedings for one or all of the legal wrongs set out above. We have a proven track record in pursuing proceedings to trial and settling matters before trial by agreement on substantial damages and undertakings from the perpetrator.

If so, please contact us if you prefer for further details, and we can start helping you to get justice right away.

Been defamed? What to do.

What you can and should do if defamed -libelled or slandered!

When your reputation, or that of your business, has come under attack there are a number of important matters to help you and allow us to help you with any legal action.

Reply to an Attack

Consider carefully before you reply to any attack on your reputation, written or spoken, libel or slander, rumour or otherwise. Sometimes a swift rebuke of comments is appropriate but other times it can give short lived satisfaction but it may be seen by the courts as you addressing any damage and preventing legal action against the perpetrator. All facts and circumstances vary case by case and if unsure contact us for advice.

Preserving Information

Any information which you feel is relevant should be kept for our review. The more information we have to put together the factual matrix surrounding the events complained of, the more we can help you and assist. You have only up to 12 months to take action in defamation from first publication so swift action well before that deadline and immediately if possible is crucial. The Court will question how swiftly you acted and delay in contacting the perpetrator may hold against you. Gather what evidence you can and come and contact us as soon as possible if you have, or there is a risk of, damage to your reputation.

Information is anything you believe is relevant to any allegations made, including to support your side of the facts or disproving the others. This can also include any correspondence or dealings between you and the perpetrator or others involved. Events will be mainly before publication (spoken or written), and any subsequent events, publications, comments and notes you may have of what has been reported to you by others since publication.

Also keep details of when others have spoken or reported any comments to you. What have you heard, are others talking about you or your company?

Print

Libel- Obtain hard copies of any and all allegations, corrections or purported apologies which may appear in print whether in magazines, newspapers, books. This will assist us to identify how wide the publication has been, when, who by and where it has been published.

Online

Once relevant information has been located, it is important to preserve this information so that it can be used as evidence at a later date. Examples include screen prints and print outs of emails and online publications, extracts from social media and web pages. Clients should seek where possible to have the date and time of publication and print out on any print outs obtained. This greatly assists any action and helps us know what happened when, especially if comments or publications are removed. Clients should make sure that they gather as much information as they can at the time of publication to prevent the perpetrator from deleting their comments etc.

In online defamation it may be that the perpetrator will initially be unknown, as the author of the defamatory publication may have made use of an anonymous email or social media account or created a defamatory webpage under a pseudonym. Clients should preserve what information they can to help us identify the perpetrator whether directly or indirectly.

Slander -Verbal

Usually slander is verbal -one person to others – so it can be difficult at a later date to remember details if third parties have reported a defamatory allegation and the perpetrator to you. It is very useful if you can make your own dated notes of what was said and to who by whom, and when. It is also extremely useful if the others reporting back to you can provide a permanent note/email/statement of who said what to whom, when and where, who was there, what did the person think? Such notes are very helpful to us and as a contemporaneous (from the time of publication) can very helpfully be referred back to in a witness statement at a later date

Damage

Whilst we will do our best to prevent or minimise publications it may be the case they have already been made. In addition to the above, keep details of the impact of any allegations on you, and others close to you. Have the allegations impacted on you, or your business? Have they caused alarm or harm and distress to you? Have customers ceased to call or can you point to a drop in business/call/profit? Have you had any credit lines withdrawn or orders cancelled? Have you lost your job or friends or contacts? These are all serious matters affecting your reputation damage and details will assist us to help you.

Investment time

You are the person who knows most about the events that led to the situation and it is therefore important that you invest time in your claim. Often there are complicating factors at play in any defamation (libel or slander) claim and you will often be asked to examine events weeks or sometimes many months after they took place. It is therefore important to keep notes as to what you are thinking at the time and why events unfolded as they did.

The more time you invest in your claim the better your chance of successfully bringing proceedings.

Take advice

It is important to take advice from properly experienced solicitors who have expertise and experiencing in dealing with defamation proceedings. The ramification of proceedings can be serious and far reaching. There are various steps that can be taken in order to maximise your chances of success but ultimately proper advice is essential.

We will be very pleased to assist you.

Defamation and Privacy Actions-What will it cost?

People who have been subject to defamation, libel or slander, or have had their privacy breached are often concerned or even put off from taking action due to worries about the legal cost. This can be a very real concern.

To help manage your concerns and ensure transparency in your working relationship with us, the approach I take to costs is set out below.

I will always consider whether or not I can act on your behalf on a no-win no-fee basis. It is not always possible as the case must meet certain criteria -strong case and a defendant with the means to pay any legal costs agreement including that you have a strong case and that or Court order.
The actual costs that will be incurred with us depend on what we are asked to do. However as well as hourly rates, we are able to offer fixed fee services for letters to potential defendant to tell them to stop what they are doing against you or attempt to settle a potential claim before proceedings are issued. By way of a guide only(and dependent on sight of details of your case) we would usually provide cease & desist and take down letters (£500 plus VAT at 20% per letter ) and letters before claim (£1000-2000 plus VAT at 20% per letter). If there are multiple potential defendants then we can discuss a reduced rate for multiple letters.
If a fixed fee is not possible, or if your matter progresses past the pre-action stage to issuing legal proceedings, I will seek to provide estimates and to agree a budget with you in advance before any work is undertaken. I will always look to make sure to ensure you are aware of costs at all times.
Costs are normally charged on a time basis. However, I have extensive experience and expertise (which means I can work quickly and efficiently) and as I am based outside of London with reduced overheads, I can pass the savings onto you in my hourly rates charged.

Libel and Slander -FAQs

Common questions answered

Can I sue for defamation? Is defamation of character punishable by law?

Yes -generally an action for defamation can be brought in the civil courts in England & Wales by the person who believes that they have been defamed, subject to certain pre-requirements such as being able to show serious harm has or is likely to be caused to you by the allegation.

Individuals may sue as well as companies and limited liability partnerships. However, the rules for incorporated entities are stricter as they must be able to show that their serious harm suffered amounts to “serious financial loss”.

In addition, a partnership or an unincorporated association (such as a charitable trust) may sue in the name of the partners or trustees individually if they are identified as such or they can bring an action collectively.

No defamation (whether slander or libel) is a criminal offence in the UK as defamation only. However, depending on the content and circumstances of a statement by one person to others it may be a criminal offence under other legislation for example if it is deemed to be threatening or if it has been repeatedly made and causes the targeted person to feel subject to harassment -alarmed and distress. Always seek advice if you have any concerns.

What constitutes defamation? What is defamatory language? What is the legal definition of defamation -slander -libel?

A defamatory statement in England & Wales is a statement which tends to lower someone in the eyes of the right-thinking members of society generally or is likely to affect a person adversely in the estimation of reasonable people generally. It doesn’t matter if the person making the statement intended it to be defamatory or not. Usually it will be for the judge to decide whether a statement, and/or the meaning understood from the words said or printed or even gestures made, is/are defamatory or not.

A person must show that the statement complained of referred to them (named or clearly identifiable or referenced) and the statement was also made to a 3^rd party. You can’t be defamed to yourself for example in a two-party telephone call (a conference call will be different). Or in a private letter between two parties unless the letter is shown to others by the author or it is reasonably foreseeable that the contents will be seen by others at the recipient. Each case will have its own circumstances to which the law and experience are to be applied, so we would always recommend to seek legal advice.

What are the different types of defamation? Is slander and defamation the same? What is the difference if any?

Defamation is the “umbrella” term which refers to both libel and slander. Both libel and slander are legal wrongs -known as torts- which mean that the ordinary person can bring a claim in court of the damage resulting from the wrong.

Libel concerns more permanent or lasting types of publication such as print, online or broadcasting.

Slander is the term for more transient publications such as spoken words.

A further difference is that a person claiming for a slander must show that it caused them tangible damage. However tangible damage is assumed in libel.

The other difference is that proving publication happened is going to be much easier if you have a copy of a written defamation rather than having to prove that exact words were spoken about you.

What is Slander? What are some examples of or could be considered as slander? What is it to slander someone?

Slander is just a defamatory statement which is usually spoken by one person to another or broadcast. For example, saying in public to others that the local butcher sells “bad” meat, or that a person is dishonest or has been convicted of a crime.

An example from our past cases; a client brought a slander claim arising from an allegation made at a parish meeting that the client had harassed the parish clerk for three years. That matter was settled with a statement in open court confirming the allegation was untrue, and payment of costs and damages.

Is libel more serious than slander?

No. While the requirements for proving the claim are slightly more for slander due to the les permanent form of the allegation, both libel and slander are both treated very seriously by the courts.

Can I sue if something is published on social media?

Anything published on social media with is defamatory and has caused, or likely to cause serious harm, can constitute a libel even if it is only there for a short time.

When can you sue for defamation – slander or libel?

The law requires that legal proceedings if any must normally be issued at Court within 12 months of first publication of the defamatory allegations. If something is online, then it will be when the story or article was first published.

What is the meaning of a defamation case?

This simply means a dispute concerning defamation by one person against another. In the Courts the word claim is used to describe the dispute instead of case or lawsuit or legal proceedings which are used commonly, but in plain English they mean the same thing.

Can you sue for emotional distress?

Yes, if you are making a claim as an individual.

The main remedy that the Court can provide in a defamation claim is damages. The court will consider three elements when assessing any compensatory damages for a claimant in a claim: an amount to address the damage/loss coming from the defamation, an amount to vindicate you (show to the world that what was said by the defendant was wrong) in the eyes of others who may have heard the original allegation, and an amount for your distress (injury to feelings).

A corporate body (limited company or Limited Liability Partnership (LLP) or incorporated charity etc.) won’t be able to show emotional distress because it is not an individual hence why it must show serious financial loss to make any claim.

Can you defame someone by telling the truth? Is it slander or libel if it is true?

Yes- However if you can prove that it is true then you will have a defence to any claim for defamation. But be aware that the defendant must be the one to prove the truth of anything being alleged to be able to succeed with the defence of truth.

Are defamation cases hard to win?

Like most court proceedings defamation claims are adversarial. Both sides are in a battle to win. The costs and time required to do so can be very high, particularly as the result being that the loser will likely have to pay the other side’s legal costs as well as their own.

However, many potential defamation claims are settled with correspondence before any claim is issued in court. The court has set out a dedicated procedure (Defamation Pre-Action Protocol) for potential claimants to try and sort out by a formal letter any defamation claim dispute before any claim is issued in court. On a practical side it is a very useful way to try and sort matters out without the costs of formal proceedings in court. On the legal side there can be costs penalties imposed by the court if a claim issued without using the protocol or trying to settle it beforehand.

Further, even when claims have been issued the majority will be settled through negotiation or mediation before they get to trial. We have a lot of experience in this area.

We have helped many clients to pursue their claim through the legal process including all the way to trial (including ambulance drivers, parents, taxi drivers, local councillors, charity workers, nurses, doctors and dentists, on a conditional fee (CFA or “no win no fee”) basis where certain pre-conditions have been met. We can offer a range of funding options for clients and we can discuss the insurance options available to cover clients in case they lose their claim.

What is a defence to defamation? What is the best defence in a libel case? What is absolute privilege?

There are four main defences to a claim for defamation. These are Truth, Honest Opinion, Publication on a Matter of Public Interest, and Privilege (Qualified or Absolute).

Truth: It is an absolute defence to any defamation claim to show that a defamatory statement is true. There is a presumption that a defamatory statement is false, so the burden of proof is on the defendant. The intention of the defendant is irrelevant.

The more serious an allegation the harder it will be to prove justify it. However, there is no need to prove that every word is true, just the essential substance (the defamatory “sting” or meaning). There is often much dispute about the sting or meaning of the allegations and as the parties usually have differing views it will usually fall to be decided by the Court.

Honest Opinion: Previously known as fair comment ALL of the following three conditions must be met for this defence to succeed:
- The statement complained of was a statement of opinion.
- The statement indicated, whether generally or specifically, the basis of the opinion.
- An honest person could have held the opinion on the basis of:
  - Any fact that existed at the time the statement was published; or
  - Anything asserted to be a fact in a privileged statement published before the statement complained of.

Where this defence is raised by a defendant each of the conditions will be contentious. However, even if all the conditions are successfully met the defence will fail if the defendant didn’t actually hold the opinion. The court will not allow your opinion to be protected if you didn’t truly hold it, for example if it is not based on true or privileged facts. It will be a for a judge to decide whether words are opinion or facts.

Publication on a Matter of Public Interest: The defendant must satisfy the following two stage test that:
- the statement complained of was, or formed part of, a statement on a matter of public interest. AND
- the defendant reasonably believed that publishing the statement complained of was in the public interest.

The Court will look at all the circumstances of the case when considering the defence.

Privilege: There are certain occasions where public policy allows that people should be able to speak or publish freely without the risk of a defamation claim. These are privileged occasions and there are two types:

Absolute Privilege (AP): This provides a total bar to defamation proceedings in the event of statements made in the course of:
1. judicial proceedings (in Court or similar occasions like a Court) on matters which are relevant or incidental to the proceedings.
2. Report on Judicial Proceedings (stories about what has happened in a civil or criminal trial as long as the report is fair, accurate and contemporaneous
3. Parliamentary Proceedings: words spoken in, or incidental to, parliamentary debates by MPs (or other officers of Parliament).
4. Solicitor/ Client communications
5. Statements between officers of the state in the course of official duties, or statements made in reports of various statutory officers and bodies

Qualified Privilege (QP): There are two types of QP.

Statutory QP applies to publication of any report mentioned in legislation, fair and accurate on a matter of public interest, published without malice.

The other type is what is referred to as Common Law QP: This arises on occasions where a statement is made where there is a reciprocal relationship of duty and interest between the person making this statement and the person receiving it. Examples of such occasions include job references given, reports to an employer generally, reports to the Police (although these may be subject to AP), reports to social services. There is no definitive list but there are principle features which must be satisfied to claim QP in a defence: there is a reciprocal relationship (legal, social or moral) and there is no evidence of malice.

Some malice is not enough; primarily acting to damage a reputation must be shown by the claimant, if QP is raised a defence, either with knowingly false facts or such facts which were false and could have been easily verified (the defendant was reckless as to whether it was true or not).

Are defamation cases hard to win?

Like most court proceedings, defamation claims rely on the evidence available and the ability of the claimant to set out their claim, and the defendant to set out their defence. While we have assisted many people who have initially started their claim with a lawyer (referred to in the Courts as a “litigant in person”), we believe that the best way to succeed in any defamation claim is to seek advice and assistance from a solicitor specialising in defamation. This is a particularly so if you are up against a well-funded and resolute defendant.

How do you file a defamation claim/lawsuit?

You can either use a solicitor to do it for you at Court (with the appropriate court fee) or you can do it yourself. All defamations claims in England & Wales must be issued in the High Court, or one of the District registries of the High Court in large cities, using an N1 claim form.

What is, or considered to be, defamation of character in the workplace?

The normal rules of what is defamatory (libellous or slander) apply in the workplace. However, what is different about a workplace is that the defence of qualified privilege will usually be more available as a defence to any potential defendant in addition to the other defences.

In similar situations we have given advice on complaints made by customers to managers about an employee client’s conduct, complaints or gossip by a fellow employee regarding our client, allegations made in the course of grievance investigations or in the course of employment tribunal process. Other situations include press releases or statements to the press given by an employer while our employee client is suspended or just left the company.

Can I get compensation/damages for defamation?

Usually if your defamation claim in libel or slander is successful either at court or in a settlement you will get compensation. How much you get depends on how serious the allegation is, and what harm has been caused. Where the case is decided in your favour by the court it may also be possible at that stage to get an order (called an injunction) preventing further publication. If the case is settled out of court or by agreement you can seek undertakings from the publisher not to repeat the allegations. If successful, it is also usual for the court to order your unsuccessful opponent to pay a large proportion of your legal costs.

What are the usual remedies for defamation -libel and slander. Can I get an apology?

The usual remedies available from the Court for defamation (libel and slander) are damages with a contribution to your costs if you win. If there is a risk that the allegations may be repeated the Court may also make an order preventing republication of the allegation (an injunction). The Court cannot order an apology.

Can I get an injunction to stop something being published?

Usually a court will not grant an injunction on the basis of a potential libel/slander to stop something being published or broadcast. This is particularly so if the defendant would claim that what they have published is true.

The more productive route is for us to contact the other person. We would seek to dissuade them from publishing (or even amending what they will say) by showing that what they intend to publish is false and that they will be at serious financial and possible reputation risk if they go ahead and face a claim.

Do I have to go to Court?

You don’t need to go to Court to get an apology or any other remedy available in defamation. Most matters settle by negotiation without a trial or even court proceedings being issued. The Court positively encourage the parties to settle without court proceedings and they may penalise those who do not attempt to do so or even if they refuse to enter into discussions.

In any event the first move once something has been published is to send a letter of claim prepared in accordance with the Defamation Pre-Action Protocol. This is Court appointed protocol setting out guidance in which the parties to the claim are encouraged to attempt to settle.

This “Pre-Action Letter” or “Letter before Claim” would seek a correction if necessary along with damages and legal costs. If the matter doesn’t settle at this stage (many do) then proceedings may be issued at Court. There will still be opportunities thereafter all the way to trial to try and secure a settle including an apology.

Is there a time limit to start a defamation claim?

This is usually 12 months from first publication of the allegation(s). You should take action as quickly as you can to allow for a pre-action letters to be sent. The Courts will require you to take prompt action and not to delay. You should contact a solicitor as soon as possible after publication.

Revenge Porn

“Revenge porn” is a term used to describe the particularly unsavoury act of distributing non-consensual pornography, including any “sharing” with a third party i.e. not between you and the other person, of such films or photographs without the consent of the pictured individual.

Has somebody disclosed or published without consent your private sexual photographs or films online, on social media, by text, by email, or even printed and distributed them? Are they threatening to do so? Do you want to take urgent action? We can help.

We are a recognised authority in the area of breach of privacy and confidence, harassment, defamation (both libel and slander); this includes assisting clients with so-called acts of “Revenge Porn”. The media team at David Magill have particular expertise and a strong reputation for their services in these specialist areas of the law. We have a team to provide dedicated advice to individuals who have been attacked.

Pictures/films, made as harmless consensual fun during better times, may then be sent to family, friends, and/or employers. These images may have been taken by you with an ex-partner and, if not stolen, may have been freely shared with the perpetrator for their sole and private viewing in intimate moments. Sadly 90% of the individuals featured are female. It appears to be about power rather than sex, and it leaves individuals enormously distressed and traumatised. Sadly there are websites worldwide dedicated to hosting these images and films, including many dedicated websites in the UK.

Revenge porn can also result from the hacking of servers (see Sony’s issues), or even your email or your phone, and pictures/movies are frequently uploaded in revenge following relationship breakdown by ex-partners seeking to cause shame or embarrassment of the pictured individual, or by hackers. The uploaded formerly-private images may be accompanied by personal information, including your name, Facebook links and social media profiles or addresses.

What can you do?

If this has happened, or may happen to you, we can assist. We will be very pleased to assist with urgent advice as to your options and action. However, a word of caution…

If the pictures/films published or shared, or threatened, concern someone who is not, or was not, an adult at the time of production you should first contact the Police. Such images will be deemed to be indecent and serious criminal offences may have taken place including under the Protection of Children Act 1978. The Police will be able to give you further advice on your options and take action under criminal law. This should be your primary route with non-adults.
If the person was an adult at the time then you may still be able to seek assistance from the Police. You may be aware that “Revenge Porn” has as of 15 February 2015 become a specific criminal offence under the Criminal Justice and Courts Act 2015. This law provides that those caught by the Police sharing intimate photos or videos of a former partner without permission may face up to two years in jail and/or a fine. It applies to images shared both on and offline without permission with the intent to cause harm. The issue here is the “intent to cause harm” which must be proved for a successful prosecution.
There are also several other laws which may have been broken and which the Police may be able to use to protect you against the perpetrator. These include legislation relating to the sending distressing communications contrary to the Malicious Communications Act 1988, Communications Act 2003, Sexual Offences Act 2003, and stalking and/or harassment under the Protection from Harassment Act 1997 (as amended), or the Computer Misuse Act if hacking is suspected. Other laws include blackmail if threats demands have been made of you.
Sadly however these laws do not always equip the Police to always take immediate and successful action. Or even the Police are not able, whether due to experience or manpower, to take the necessary action. There is a high burden of proof for a prosecutor to establish intent of the perpetrator against you to cause you harm. These can all be significant barriers to you taking the necessary urgent action to stop someone raking any threatened action or any publications staying online or even getting worse. This is where we can assist.

What we can do for you?

If you would like us to assist (whether in taking civil action or even preparing your evidence to be presented to the Police) we would be very pleased to do so. David Magill has an enviable record of success in taking decisive action for clients.

The first step we take is to acquire a detailed understanding of the matter including the background to any attacks. We can then assess and advise you as to appropriate strategies to stop these attacks, repair any damage that has been caused and prevent any attacks being made against you in the future. Depending upon the factors in your case and your attitude towards litigation, various strategies can be explored such as initial advice only, then action to demand that a perpetrator will “cease and desist” their deplorable actions, obtaining an injunction, seeking an apology or pursuing a claim for compensation.

We would have an initial telephone consultation with you to gather some background information. This would be on a no charge basis for the first 15 minutes and at a fixed fee rate thereafter depending on requirements or if further investigation is required. We should within that call be able to identify whether we can assist you.

Once agreed we can make a plan to take practical and or legal action for you. The civil law routes which are open to private individuals and which we can assist you with (if the criminal route is not an option or has proved unsuccessful) include one or more of the following:

Copyright, if the photo(s) or films at issue were made by you i.e. selfies or recorded on your phone or other equipment by you.
Harassment action for damages and/or an injunction.
Misuse of private information (Privacy) action for damages and/or an injunction, and if necessary such injunctions can include anonymity and non-reporting restrictions so others cannot and restricted from being reported by any third party (so-called super-injunctions) which will assist to you to take pre-emptory action to protect your privacy particularly if publication or distribution has not taken place yet (whether you have been threatened or suspect it may take place due to an acrimonious breakdown etc.)

Next Steps: Dos and Don’ts?

Keep calm: If possible then get in contact with us right away. Keep any evidence you have as to the perpetrator, pictures/films at risk or which have been published, and details of any websites or any third parties who may have seen, or could receive, the pictures/films.
Don’t Contact the Perpetrator: If considering action and/or contacting us we would advise that you don’t contact the individual and/or website responsible, at least until you have ascertained how widely the images have been published and you have spoken to us. It may be that you have already been in contact with the website or individual but that should not be an issue if managed correctly.
Keep your concerns confidential: If possible don’t tell others about what has happened. It is extremely distressing, but we would advise you to only at the very most tell those one or two people wholly trustworthy and close to you, and hold them to strictest confidence. This may be key to successful next steps.

If you require any information or assistance please contact us as soon as possible. We are happy to have a no obligation conversation to see if we can help you.