Best Defamation Lawyers in Aberdeen

About Defamation Law in Aberdeen, United Kingdom

Defamation in Scotland, including Aberdeen, is a civil wrong that protects a person or organisation from false statements that cause serious harm to reputation. Scots law uses a single concept of defamation to cover both written and spoken statements, rather than the older libel-slander split used elsewhere. Claims may be raised in the Aberdeen Sheriff Court or, for more complex or higher value cases, in the Court of Session in Edinburgh. The modern rules are set out mainly in the Defamation and Malicious Publication Scotland Act 2021, with some older UK legislation still relevant in specific areas.

Defamation disputes commonly arise from news reports, social media posts, blogs, online reviews, and workplace communications. The law seeks to balance freedom of expression with the right to reputation by setting a serious harm threshold and by recognising strong defences such as truth, honest opinion, and responsible public interest journalism.

Why You May Need a Lawyer

A specialist solicitor can help you assess whether a statement is legally defamatory, whether it has caused serious harm or serious financial loss, and what remedy is realistic. Common situations include a damaging online article, viral social media allegations, a harsh or false business review that deters customers, mistaken identification in a report, or reputational harm stemming from workplace or industry communications. A lawyer can draft a precise pre-action letter, negotiate retractions, apologies, or takedowns, and seek urgent court orders to stop further publication if needed.

Defamation litigation involves complex rules on evidence, limitation periods, jurisdiction, and statutory defences. Early legal advice helps you choose the right tactic, whether that is a quiet correction, mediation, or formal litigation. It can also help manage cross-border online publication issues, anonymous posters, and the risk of costs if a claim is defended.

Local Laws Overview

Key statute in Scotland: the Defamation and Malicious Publication Scotland Act 2021. This Act modernised Scots law and applies in Aberdeen courts. It introduced a serious harm test. An individual must show serious harm to reputation. A body that trades for profit must show serious financial loss caused by the publication.

Defences include truth, called veritas in Scots law, honest opinion, publication on a matter of public interest, and privilege for fair and accurate reporting of certain proceedings. These defences protect responsible speech and robust debate while deterring false factual allegations.

There is no libel-slander distinction in Scotland. Spoken and written statements are assessed under the same legal framework.

Time limit is short. In most cases, you have one year from the date of publication to raise a court action. Scotland follows a single publication rule, meaning the clock usually starts on the first publication of the same content, even if it is later shared or archived, unless a later publication is materially different.

Public authorities cannot sue for defamation, though individual office holders and employees may do so in respect of statements about them personally.

Secondary publishers, such as distributors, booksellers, and platforms, have limited liability in many circumstances. However, a person who endorses or repeats a defamatory allegation can become liable in their own right.

Remedies available in Scotland include damages for reputational harm and financial loss, an interdict to prevent further publication, orders to remove or stop distributing the statement, and orders requiring publication of a summary of the court judgment. Offers of amends under UK legislation may provide a route to resolve cases without a full trial.

Scotland also created statutory wrongs for malicious publication causing economic loss in defined situations. These are separate from defamation and focus on knowingly false statements made maliciously that harm a business financially.

Court venue depends on case value, complexity, and urgency. Many actions can be raised in the Sheriff Court in Aberdeen. Complex or high profile matters are often brought in the Court of Session. Simple procedure is not available for defamation.

Legal aid for defamation is limited in Scotland and is rarely available. Some people may obtain advice and assistance subject to eligibility, but most actions are privately funded or covered by insurance policies that include media or reputational cover.

Frequently Asked Questions

What counts as defamation under Scottish law

A statement is defamatory if it is about you, published to at least one other person, contains or implies a false statement of fact, and causes or is likely to cause serious harm to your reputation. Businesses that trade for profit must show serious financial loss.

How is Scotland different from England and Wales on defamation

Scots law has been modernised by the 2021 Act and is now broadly aligned with England and Wales on key points like serious harm, core defences, and the single publication rule. Scotland does not use a libel-slander split and has its own procedures and remedies. Venue and practice will differ, and Scottish courts apply Scots procedural rules.

What is the time limit to bring a claim in Aberdeen

In most cases, you must raise court proceedings within one year of the first publication. Do not delay. Get legal advice quickly so evidence can be preserved and deadlines are not missed.

Can I sue over social media posts and online reviews

Yes, if the post contains a false factual allegation that causes serious harm or serious financial loss. Genuine opinion based on true facts, fair comment on matters of public interest, or fair and honest reviews are often protected. Each case turns on what the words would mean to an ordinary reader in context.

What evidence should I gather

Take dated screenshots or downloads capturing the full content, URL, and any metrics such as views or shares. Keep records of who saw the statement, any business lost, and any communications referencing the allegation. Preserve relevant messages or emails. Your solicitor may also seek disclosure from platforms or third parties to identify anonymous posters.

Do I need to send a cease and desist or pre-action letter

It is usually sensible to send a clear, legally accurate letter before action. This can prompt a correction, apology, or takedown and may help with costs recovery if proceedings follow. A lawyer can ensure the letter avoids making new defamatory statements and protects your position.

What defences might the publisher use

Common defences are truth, honest opinion, publication on a matter of public interest, and privilege. The publisher may also argue that the words are not defamatory, are not about you, did not cause serious harm, or are covered by a statutory or common law privilege.

Can I get an urgent order to remove content

In serious cases, the court can grant an interim interdict to stop further publication and may order removal of content. You will need strong evidence, prompt action, and to satisfy the court that the balance of convenience favors interim relief.

Can public bodies sue for defamation

No. Public authorities cannot bring defamation claims in Scotland. Individuals who work for them can sue in their own name if the statement targets them personally.

How are damages assessed and is legal aid available

Damages depend on the gravity of the allegation, the extent of publication, the impact on your reputation, any financial loss, and the conduct of the parties including apologies. Legal aid for defamation is very limited in Scotland and rarely available. Some people have insurance that helps cover legal costs. Your solicitor can discuss funding options, including staged work and alternative dispute resolution to control costs.

Where will my case be heard

Many actions can be raised in the Aberdeen Sheriff Court, especially if the dispute and parties are local. Higher value or complex media cases may be raised in the Court of Session. Your solicitor will advise on the most appropriate forum.

Additional Resources

Law Society of Scotland - find a solicitor with media and defamation expertise.

Scottish Courts and Tribunals Service - information about raising actions, venues, and court procedures.

Aberdeen Sheriff Court - local venue for many civil actions, including defamation.

Citizens Advice Scotland - general guidance on consumer and legal problems that may overlap with defamation issues.

Scottish Legal Aid Board - information about eligibility for advice and assistance and the limited scope of legal aid in defamation.

Independent Press Standards Organisation and IMPRESS - industry regulators that handle complaints about member publishers, corrections, and standards.

Information Commissioner's Office - guidance on data protection and privacy, which can overlap with reputational issues such as inaccurate personal data online.

Police Scotland - for threats, harassment, or communications that may amount to criminal conduct alongside civil defamation.

University of Aberdeen Law Clinic - may offer free preliminary advice to eligible clients.

Next Steps

Write down exactly what was said or written, when, where, and by whom. Capture screenshots and preserve URLs, dates, and any analytics. Note witnesses and any business or personal consequences you have experienced.

Avoid engaging in public disputes that could escalate the situation or risk further publication. Do not destroy any potential evidence. If you are a publisher or reviewer who received a complaint, do not alter the content without taking a copy for your records.

Seek early advice from a Scottish solicitor experienced in defamation. Ask for an initial assessment of merits, urgency, and remedies. Discuss funding, timescales, and whether to send a pre-action letter seeking a correction, apology, takedown, and costs.

If urgent harm is ongoing, your solicitor may advise applying for an interim interdict and a removal order. If identification of an anonymous poster is necessary, your solicitor can consider targeted disclosure procedures against platforms or hosts.

Be open to proportionate resolution. Many disputes settle through negotiated corrections, clarifications, rights of reply, or offers of amends. Litigation is reserved for cases where settlement is not possible or appropriate.

If proceedings are required, your solicitor will prepare pleadings, gather evidence, select the appropriate court in Aberdeen or the Court of Session, and guide you through each stage toward a final remedy.