The legal position
A substantial claim following a consumer review, opinion or disclosure of wrongdoing can cause considerable pressure. Some claims aim to exhaust the respondent financially and discourage legitimate public participation.
Fear alone should not determine settlement. An unnecessary apology or payment may damage the defendant’s position when a substantive defence exists.
Our legal approach
Assess and rebalance the pressure
Examine whether the claim has strategic or abusive features and whether early procedural relief or costs are appropriate.
Build the substantive defences
Truth and public interest: establish the factual foundation and public-interest element.
Good faith: assess the applicable protected circumstances, including opinion, duty and a legitimate personal interest.
De minimis: examine whether the publication reaches the legally actionable threshold.
Counterclaims and procedural responses
Consider a supported counterclaim or other relief where the facts disclose wrongful conduct or abuse of process.
Defences that require careful examination
Truth and public interest
Establish the evidential basis of the publication.
Protected opinion
Distinguish factual allegations from opinion and assess the statutory conditions.
Privileged publications
Examine the specific protections for publications in defined official or judicial settings.
Correction and mitigation
Consider intent, correction and apology in the assessment of liability and damages.
After receiving a demand or claim
Preserve the original records and messages.
Seek advice before contacting the claimant or their representative directly.
Obtain timely assistance in preparing a reasoned response or defence.
The route forward
Initial assessment
Review the publication, its audience and the harm to reputation or privacy.
Strategy development
Choose the appropriate combination of evidence preservation, removal requests, negotiations and proceedings.
Representation & action
Act promptly and discreetly before the publisher, platform or court.
Defamation Defence & SLAPP Claims
Articles & Insights
Practical questions, considerations and a wider perspective
Assessing SLAPP Claims & Procedural Responses
Frequently asked questions
Preserve the publication, address, time, reactions and available audience information. Reliable documentation allows urgent steps to be assessed without unnecessarily amplifying the content.