Recent news has been full of reports on two high profile defamation cases.

The first case involved Johnny Depp and his ex-wife Amber Heard in the US. Depp claimed defamation in response to an open-editorial article written by Heard for The Washington Post. Heard subsequently brought a counter-claim of defamation against Depp.

In the UK, Rebekah Vardy brought a claim against fellow WAG Colleen Rooney, which has commonly become known as the ’Wagatha Christie’ case. This case centred around an Instagram post by Rooney. In the now infamous post, Rooney named Vardy’s account as the source of media leaks to The Sun newspaper.

On 1st June 2022 a jury ruled in Depp’s favour. The jury found all elements of defamation had been proven.

In contrast, this week Mrs Justice Steyn dismissed Vardy’s libel claim against Rooney. In her verdict she stated that Rooney’s Instagram post was ”substantially true”.

Each trial had all the drama of a Hollywood blockbuster but the crux of both cases was whether defamation had occurred.

What is defamation?

Under the laws of England and Wales, defamation, simply put, is the publication of a false statement about you which has caused or is likely to cause serious harm to your reputation. Defamation is split into two legal bases; libel and slander. Libel is a permanent defamatory statement, most commonly written but does include other recorded forms such as broadcasts. Slander is more transient, such as spoken word or gestures.

The laws on defamation vary in different jurisdictions. In the UK, defamation is a civil case. A civil case is a dispute between individuals or organisations. No one will be sent to prison in a civil case but a party may be financially punished by way of damages.

In the US, Depp sued Heard for $50 million. Heard brought a counter-claim for $100 million. Depp ‘won’ and was awarded $15 million in damages. Under the counterclaim, the jury awarded Heard $2 million in compensatory damages.

In contrast, Vardy will not receive any damages from Rooney as her claim was dismissed. Rooney’s lawyer has stated that she does not want any compensation.

If you have concerns over any type of defamation, including libel, slander or malicious falsehood, our team of experts is ready to help.

This article does not contain legal advice. Should you require legal advice, please do not hesitate to contact our offices on 0113 266 0735 or at info@bailoransolicitors.com. Get in touch to speak to one of our legal experts.