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What is Malicious Falsehood?

Malicious falsehood is similar to libel except that the statement published does not necessarily have to be defamatory. The statement still has to be false and cause damage to the claimant, but it does not have to suggest anything bad.

The statement published by the defendant must be false. However, the most important element of establishing this claim is that there must be ‘malice’ behind the publication of the statement.

The publisher must either publish the material with a malicious motive, or know it to be false or be reckless as to its truth. This means that even if the publisher believes that the statement is true but it is later revealed to be false, if they had published in with the intention of causing the claimant harm they could still be liable.

Damage is no longer a necessary component to prove in malicious falsehood claims. You merely have to prove that the material published was calculated to cause damage to the claimant or is likely to cause such damage.

Remedies Available in Malicious Falsehood Claims

The remedies available include:

  • Damages to compensate the claimant for loss of trade;
  • Aggravated damages for injury to feelings;
  • Damages representing the loss the claimant is likely to suffer as the direct and natural consequence of the falsehood; and
  • Costs

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Our Approach & Our Experience

Intellectual property proceedings such malicious falsehood can be technical and complicated and are dealt with by specialist Courts in England and Wales.  At Myerson, we can provide you with swift advice whether you are bringing or defending a claim.

Myerson are members of the Intellectual Property Lawyers Association (IPLA).  The IPLA is an association of approximately 66 law firms who have an established intellectual property department.  The fact we are a member of the IPLA demonstrates that we have extensive and detailed experience in the conduct of IP disputes in the UK.  One of the main objectives of the IPLA is to lobby for improvements to IP law and practice for the benefit of those who hold IP rights.

Myerson are a nationally recognised law firm with a large team of intellectual property solicitors.  Our intellectual property team is ranked by the prestigious Legal 500 law firm directory.  Therefore, you can be assured that you will receive the best quality advice and service offering.

 

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Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

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To always give you clear, jargon-free advice.
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To be completely transparent about our fees from the outset.
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Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

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We are always professional but ensure that we are friendly and approachable.
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We are determined and enthusiastic about supporting our clients and our people.
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We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Jonathan Hassall

Jonathan Hassall

Jonathan is a Partner in our Commercial Litigation department

Carla Murray

Carla Murray

Carla is a Partner in our Corporate Commercial department

Vicky Biggs

Vicky Biggs

Vicky is a Senior Solicitor in our Commercial Litigation department

Philip Ball

Philip Ball

Philip is a Senior Solicitor in our Corporate Commercial department

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Please send us your enquiry using this enquiry form, or you can send us an email to lawyers@myerson.co.uk