Key Takeaways
- The cost to sue for defamation in the UK includes solicitor and barrister fees, court fees, and the risk of paying your opponent’s costs if you lose.
- Defamation cases can become expensive, especially if your claim goes to trial rather than settling early.
- Adverse costs mean you may be responsible for the other side’s legal fees if you lose your claim.
- After the Event (ATE) insurance can help cover legal expenses and protect against the financial risk of losing your case.
- Conditional Fee Arrangements (No Win No Fee agreements) may be available for some defamation cases but are subject to strict eligibility and solicitor assessment.
- The total cost of a libel or slander case depends on your case’s complexity and whether it settles before trial.
- You must bring a defamation claim within one year of publication or risk losing your right to sue.
- Doing nothing about false and damaging comments can lead to serious long-term harm for your reputation, career or business.
- If you win your defamation claim, you may be able to recover some or all of your legal costs from the losing party.
- Our team is rated Excellent on Trustpilot with over 130 five-star reviews and a 4.9/5 rating from satisfied clients.
How Much Does It Really Cost to Sue for Defamation in the UK?
Facing false or damaging statements can cause lasting harm to your reputation, business prospects, or career. Pursuing a defamation claim in England and Wales brings a crucial question: what are the real costs, and what financial risks could you face if you file a claim?
Costs typically include legal fees for specialists, court charges, expert evidence, and the potential liability to pay the other party’s costs if you’re unsuccessful. The complexity of your case, whether it settles or proceeds to trial, and the choice of funding method (such as “no win no fee” or ATE insurance) all shape your total financial exposure.
Understanding the scope of these costs means knowing exactly what qualifies as defamation.
What Counts as Defamation Under UK Law?
UK defamation law, governed by the Defamation Act 2013, splits into two forms: libel (written or otherwise permanent statements, such as news articles or online posts) and slander (spoken or transient statements). For a claim to succeed, the statement must:
- Refer directly to you (the claimant)
- Be communicated to a third party
- Cause or be likely to cause “serious harm” to your reputation (Section 1, Defamation Act 2013)
For businesses, the “serious harm” requirement generally means demonstrating significant financial loss as a direct result of the statement.
Both libel (written) and slander (spoken) require measurable reputational harm and publication to a third party. These rules are strict—expert legal analysis is often needed.
What Are the Main Costs Involved in a Defamation Claim?
Defamation claims are known for their significant costs and associated risks. Main expenses in a defamation lawsuit include:
- Solicitor and Barrister Fees: Covering legal strategy, draftings, evidence gathering, case conduct, and trial advocacy.
- Court Fees: Payments for issuing claims, attending hearings, and trial listing.
- Disbursements: External costs for experts, court transcripts, witness expenses, and other third-party services.
- Adverse Costs: If you lose, you may be required to pay not only your own legal fees but your opponent’s reasonable costs as well.
These costs are determined by how far your case progresses, the method of funding, and any court orders relating to cost-sharing.
Our specialist lawyers always recommend getting a realistic estimate—including potential adverse costs—before commencing action.
Typical Solicitor, Barrister and Court Fees for Defamation
What Are the Average Solicitor and Barrister Fees?
- Solicitor Fees: Initial advice and pre-action work may range from £2,500 to £8,000. For full proceedings to trial, fees often exceed £50,000 and can reach £120,000+ in complex cases.
- Barrister Fees: Written advice begins at £2,500–£5,000, with trial advocacy ranging from £10,000 up to £40,000 or more for senior counsel.
Specialist advice at the outset can significantly affect the fees quoted and minimise avoidable costs.
Court Fees in Defamation Cases
Court fees in England & Wales are set by the Civil and Family Court Fees (Amendment) Order 2016. Defamation claims are almost always issued in the High Court. Key fees are set out in the EX50 and include:
- Claim Issue Fees: From £455 for claims valued up to £10,000, rising to £10,000 or more for higher-value or more complex cases.
- Hearing or Trial Fees: Typically £1,334 for a multi-day trial.
- Application Fees: £377 injunctions.
Since most defamation claims are outside the jurisdiction of the County Court, expect High Court fee rates to apply.
What is the Risk of Paying the Other Side’s Costs?
If your defamation claim is unsuccessful, you may have to pay the defendant’s reasonable legal costs under the “loser pays” rule in Civil Procedure Rules Part 44. Even if your case had merit, a loss in court usually results in an adverse costs order, which can often match or even exceed your own legal bills.
Managing litigation exposure starts with a realistic appraisal of your position and funding options.
Which Factors Increase or Reduce Defamation Lawsuit Costs?
The total cost to sue for defamation in the UK can vary widely, influenced by several key factors:
- Severity and Impact of the Statement: The more damaging, the higher the stakes and the resource commitment required.
- Volume and Complexity of Evidence: More documents, witnesses, or technical reports increase time and disbursement costs.
- Media/publicity Impact: High-profile claims usually demand more extensive (and costly) preparation and management.
- Multiple Defendants or Publications: More parties or incidents mean a more involved, expensive process.
- Prospects for Early Resolution: Willingness to settle or mediate results in dramatically reduced overall costs.
- Type of Funding Arrangement: Private funding, “no win no fee”, or use of insurance all change your risk profile.
- Experience of Legal Team: Using leading solicitors and counsel increases cost but can improve your overall result and settlement prospects.
You may also find our article on Adverse costs order UK: Litigation cost risks and losing party pays useful for an in-depth understanding of adverse costs exposure.
How Do Case Complexity and Settlement Affect Legal Costs?
Case Complexity
Cases involving numerous publications, social media posts, or cross-jurisdiction issues usually generate far higher costs through increased solicitor and barrister involvement, multiple procedural applications, and extra court time.
Settlement Versus Trial
Most defamation disputes settle before trial. Early settlement usually keeps costs in the region of £10,000–£40,000. A full High Court trial, however, can drive combined costs above £100,000.
Our team advises on settlement options at every stage, with a focus on keeping your costs measured.
How Are Legal Fees Calculated in Defamation Claims?
Defamation legal expenses build over the following stages:
- Pre-action: Gathering evidence, offering advice, and sending a letter of claim. Costs often range £2,000–£10,000.
- Commencing Proceedings: Drafting and issuing a claim, preparing particulars and required forms, and paying court fees.
- Disclosure and Case Management: Exchanging documentary evidence, complying with court directions, and attending preliminary hearings.
- Settlement/Mediation: Negotiating terms to resolve the dispute and preparing settlement documentation.
- Trial: Bringing together all evidence, preparing for and attending trial—this is the most resource-intensive stage.
Solicitors typically offer:
- Hourly Rate Billing: Standard for complex work but can be unpredictable.
- Fixed Fee Stages: Provides certainty for defined steps or tasks.
- Milestone Billing: Payments made upon reaching key case milestones.
Even if you are awarded costs, courts often assess recoverability. Usually, you recover 60–80% of reasonable costs, but excessive fees or unjustified disbursements may be disallowed.
Can You Claim Back Legal Costs If You Win Your Case?
If you win your defamation action, the judge may grant you a significant portion of your reasonable legal costs under the “costs follow the event” principle. However, full recovery is rare—most successful claimants recover only part of their solicitors’ and barristers’ fees after court assessment.
Cost recovery depends on both strict procedural compliance and careful management of expenses.
What Funding Options Are Available for Defamation Claims?
Given the scale of defamation costs, not all clients fund claims the same way. Key options include:
- Private Funding: Paying all legal fees directly as the case progresses—highest risk exposure.
- Conditional Fee Agreements (CFAs): “No win no fee” options, which link legal fees to the actual outcome.
- After the Event (ATE) Insurance: A policy arranged post-incident to cover liability for the other party’s costs if you lose.
- Legal Aid: Not available for defamation claims under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Conditional Fee Agreements (No Win No Fee) for Defamation
CFAs provide the opportunity to defer solicitor fees until a positive outcome is secured. This option is only available for strong claims with a clear-cut chance of success and financial recovery.
CFAs can be combined with ATE insurance to further reduce the risk of adverse costs.
You may also find our guide on Social Media Libel Examples: UK Defamation Cases & Legal Remedies helpful if you are facing online attacks.
After the Event (ATE) Insurance Explained
ATE insurance protects you from having to pay the opponent’s legal costs if you lose the claim. Many insurers offer policies where premiums are only payable if the case succeeds or settles.
Not all cases will be eligible for CFAs or ATE insurance, so obtaining early legal advice is critical.
What Deadlines and Steps Apply to Defamation Claims in England & Wales?
You must act fast—defamation claims have a strict one-year limitation period under the Limitation Act 1980, starting from the date of the allegedly defamatory statement’s publication. Courts rarely grant extensions.
The usual steps are:
- Urgent Legal Advice and Evidence Collection: Secure screenshots, emails, publications, and proof of reputational harm or financial loss.
- Letter of Claim: Issue a formal complaint, including demands for retraction, apology, and compensation.
- Settlement Negotiations: Attempt to resolve before initiating court action.
- High Court Proceedings: File a claim form, particulars, and serve proceedings if settlement fails.
- Case Management and Disclosure: Exchange documents, attend case listings, and prepare for trial if no agreement is reached.
- Enforcement: Pursue judgment and any award of damages or costs.
Contact our expert defamation lawyers at the first sign of defamatory material for urgent guidance on your legal position and claim viability.
What Happens If You Take No Action Against Defamation?
Ignoring defamatory statements can cause irreversible reputational and financial damage:
- Harmful content remains available to the public or within your business network, discouraging potential clients or opportunities.
- Extended inaction allows damaging rumours to spread, compounding the negative impact.
- The statutory deadline lapses after 12 months, meaning your right to sue is lost forever.
Do not leave your response to chance; instruct us early to protect your interests.
What Laws and Rules Govern Defamation Claim Costs and Deadlines?
- Defamation Act 2013: Establishes the “serious harm” test and defences.
- Limitation Act 1980: Enforces the one-year claim window.
- Civil Procedure Rules, Part 44: Determines how legal costs are apportioned and recovered.
Legal time limits are strictly enforced, and failure to comply can be fatal to your case.
What Are the Likely Outcomes If You Win or Lose?
- Win: You may recover damages, a published apology or retraction, and a proportion of your legal costs.
- Lose: You will be liable for your own legal costs and a court-determined share of the defendant’s costs, and potentially face summary judgment or costs sanctions for weak or abusive claims.
Securing experienced, specialist advice early is the best way to tilt outcomes in your favour and manage cost exposure.
How Do Courts Approach Costs in Defamation Lawsuits?
| Case | Facts | Outcome | Why It Matters |
|---|---|---|---|
| Lachaux v Independent Print Ltd [2019] | Clarified serious harm test | Claimant succeeded; majority of costs awarded | Reinforces threshold for claims, shaping who pays costs |
| Sloutsker v Romanova [2015] | High-profile libel trial loss | Claimant ordered to pay both parties’ costs | Highlights risks of trial loss and adverse costs exposure |
| Elton John v Guardian [2008] | Libel settled pre-trial | Early resolution drastically reduced parties’ expenses | Shows value of negotiating settlement for financial control |
| Thornton v Telegraph Media Group [2011] | Mixed verdict | Court apportioned costs due to partial success/failure | Demonstrates the court’s discretion in cost allocation |
Courts take a nuanced approach: early settlement or focused claims increase the likelihood of reduced overall costs, while protracted litigation can expose you to substantial risk even if you partially succeed.
Our Approach to Defamation Cost Management
We focus on minimising your defamation lawsuit costs with these tactics:
- Transparent, fixed-fee, or no win no fee initial reviews so you understand financial risk from the outset.
- Clear advice on ATE insurance and other risk-reduction options.
- Early identification of opportunities to settle and avoid unnecessary trial expenses.
- 24/7 digital client support so you are always informed and in control during proceedings.
- Exceptional practitioner experience, reflected in our Trustpilot reviews.
Our approach is always tailored, risk-aware, and proactive—maximising outcomes while limiting expense.
Frequently Asked Questions
Can I recover all my legal costs if I win a defamation case?
Not usually. The court generally orders the losing party to pay a proportion (normally 60–80%) of your legal fees, but you will bear some irrecoverable costs.
Are defamation cases always heard in the High Court?
Yes, the High Court has jurisdiction for most significant defamation claims in England & Wales.
Is legal aid available for defamation lawsuits?
No, legal aid is not offered for defamation claims.
How do I know if my case qualifies for a No Win No Fee agreement?
Our solicitors will thoroughly assess your claim’s merits, evidence, and potential value before offering a Conditional Fee Arrangement.
Can an apology reduce the cost or affect my defamation claim?
An early apology or retraction can often head off litigation, saving you substantial legal expense and time.
What factors influence a quote for defamation case fees?
Seriousness of harm, the strength and volume of evidence, number of claims and defendants, and funding method all play key roles.
If I settle out of court, can my opponent make me pay their costs?
Settlement terms are negotiated, so contribution towards the opponent’s fees is often part of the bargain but will vary by case.
Are online defamation and social media disputes less costly?
Usually, yes—provided they relate to limited or single publications with minimal complexity.
Am I at risk if I am sued for defamation?
Yes, adverse costs, liability for the claimant’s fees, and partial recoverability of your own legal expenses apply to defendants as well.
How long does a defamation claim take to resolve?
Simple cases may settle within months. Complex or defended High Court claims can stretch to 12–24 months, or longer if trial is required.
Get Expert Defamation Advice and Transparent Cost Guidance
Defamation claims in England & Wales require urgency, strategic planning, and robust legal support—especially due to the high potential for legal and financial exposure. Our expert team provides clear explanations of your position, claim strengths, options for funding, and realistic cost estimates, enabling you to make the best decision for your future.
Call our specialist defamation lawyers now for a free, confidential consultation on 0207 459 4037 or book online for immediate action.
