Why You Need a Lawyer to Draft Your Concerns Notice
Many people attempt to write their own letters demanding an apology. Unfortunately, a standard letter of demand is rarely sufficient under current defamation laws. A valid concerns notice must precisely articulate the imputations of the publication. These are not just the words used, but the meanings they convey to an ordinary person. If you fail to define these imputations correctly, the publisher can request further particulars, delaying the process significantly. Our team ensures your notice is robust from day one, preventing unnecessary delays.
Understanding the "Serious Harm" Threshold
Recent reforms to the Defamation Act introduced a "serious harm" element. You must prove that the publication has caused, or is likely to cause, serious harm to your reputation. For a business (with fewer than 10 employees), this means proving serious financial loss. We assist you in gathering the necessary evidence to support this claim within the concerns notice. Without this element, your claim cannot proceed. We provide an honest assessment of whether your case meets this threshold before you incur significant costs.
What If You Have Received a Concerns Notice?
If you are on the receiving end, you have 28 days to provide a formal response or an offer to make amends. Ignoring the notice is dangerous. If you fail to respond, the aggrieved party can commence court proceedings against you, and your silence may be used against you regarding costs. We advise individuals and businesses who have received a notice, helping them draft a reasonable offer to make amends that can end the dispute quickly and minimise financial exposure.
Cost and Timing
We know that legal costs are a major worry. That is why we offer clear guidance on concerns notice cost structures. In many cases, we can provide a fixed fee for the initial assessment and drafting of the notice. This gives you certainty. Speed is also vital. In some jurisdictions, you have a limited time (usually one year from publication) to bring an action, but the practical reality is that you must act immediately to minimise damage. We prioritise urgent concerns notice help to ensure the offending material is addressed before it spreads further.
Moving Beyond the Notice
Ideally, a well-drafted notice resolves the issue. The publisher removes the content and apologises. However, if they refuse or double down, we are prepared to take the next steps. Whether that involves further negotiation or filing a claim in the Magistrates, County, or Supreme Court, we stand by you. Our focus remains on a practical outcome: restoring your good name without unnecessary litigation where possible.
