In a dramatic turn of events, it has emerged that the actor Noel Clarke actor has been ordered to pay at least £3 million to The Guardian after his libel claim failed. He now faces a potential total legal bill of up to £6 million in costs.
Background to Noel Clarke case
Mr Clarke was a successful actor with a bright career, until 2021, when reports and allegations emerged that he had behaved inappropriately toward multiple women. The Guardian published the reports and Clarke responded by pursuing to sue them with a defamation claim, only for the Court to rule against Mr Clarke by rejecting it and imposing severe cost consequences.
What is needed to bring a claim for defamation?
In order to succeed in a defamation claim, it is a requirement that a claimant must show all of the following legal thresholds:
1. A statement was made which harms another’s reputation.
2. The statement had a substantial adverse effect on that reputation.
3. The statement caused “serious harm” to the claimant.
The Courts have made it clear that they expect ‘serious harm’ to include the publication reaching a large amount of people, and not to amount to ‘tittle tattle’ as part of a general dispute, where significant impact goes beyond idle gossip or negligible damage.
The bar is high to avoid the Courts being inundated with claims, but care must be taken before beginning a claim to ensure you receive the right advice at the very start, as it could be a very expensive mistake should you lose.
Examples of other lost libel claims
This case comes soon after the recent ‘Wagatha Christie’ case, in which Rebekah Vardy was ordered to pay £1.2 million in costs to Colleen Rooney after losing her libel claim.
Both cases were incredibly complex and involved years of litigation. They serve to remind us that claims for defamation can be costly and require careful consideration before deciding whether to bring one.
Without careful assessment, commencing a defamation action can be a costly misstep - even for well-resourced claimants.
Ralli’s expertise in defamation, libel & reputation protection
At Ralli Solicitors LLP, our Commercial Dispute Resolution team has strong experience in helping clients with privacy, defamation and reputation management, and are able to provide you with expert advice, both on a legal and practical level.
We understand that litigation is not always the best path. Where possible, we aim to resolve reputational disputes via negotiation, pre-action correspondence or alternative dispute resolution. But when formal legal steps are necessary, we will guide you with clarity and strategic insight.
You can learn more about our Defamation services including our approach and our track record, on our web page.
Don’t let risky assumptions cost you. If you are contemplating bringing a claim, or are concerned about allegations circulating about you or your business, it is crucial to act swiftly. Contact our dispute resolution team now for a strictly confidential discussion of your case, on 0161 832 6131 or at enquiries@ralli.co.uk.