Unlike defamation, malicious falsehood is to do with protecting a person or a company’s economic interests as opposed to their reputations. In order to bring a claim in malicious falsehood, a claimant generally has to prove that:
- the defendant has published words about the claimant which are false;
- the defendant published those words maliciously; and
- as a result, the claimant has suffered special damage which followed as the direct and natural result of the publication. Special damage means actual financial loss (e.g. a cancelled contract or lost customers) as opposed to a possible loss in the future.
“Malice” in this context does not bear its ordinary meaning: it means to act without just cause or excuse and with some indirect, dishonest or improper motive. Just knowing the defendant did not like the claimant would not be enough to make out a malicious falsehood claim.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk