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Defamation Settlement Agreement for the United Kingdom

Defamation Settlement Agreement Template for England and Wales

A Defamation Settlement Agreement is a legally binding document used in England and Wales to resolve disputes involving defamatory statements without proceeding to court litigation. It outlines the terms under which parties agree to settle claims of defamation, including any financial compensation, retractions, apologies, and future conduct requirements. The agreement is governed by the Defamation Act 2013 and related legislation, providing a framework for resolving reputation-related disputes while balancing freedom of expression with protection of reputation.

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Defamation Settlement Agreement

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What is a Defamation Settlement Agreement?

The Defamation Settlement Agreement is utilized when parties wish to resolve defamation disputes without pursuing litigation through the courts. It becomes relevant when one party alleges that false statements damaging their reputation have been made by another party. This document, governed by English and Welsh law, particularly the Defamation Act 2013, sets out comprehensive terms including any monetary compensation, requirements for retractions or apologies, confidentiality provisions, and non-disparagement clauses. It provides a cost-effective and private alternative to court proceedings while offering legally binding protection to all parties involved.

What sections should be included in a Defamation Settlement Agreement?

1. 1. Parties: Identifies all parties to the agreement including the complainant and respondent

2. 2. Background: Sets out the context of the dispute, alleged defamatory statements, and reason for settlement

3. 3. Definitions: Defines key terms used throughout the agreement including the 'Defamatory Statement(s)', 'Settlement Sum', and 'Effective Date'

4. 4. Settlement Terms: Core settlement provisions including any payment terms, timeline, and method of payment

5. 5. Retraction and Apology: Terms of any public retraction or apology, including format, timing, and medium of publication

6. 6. Confidentiality: Obligations regarding confidentiality of the settlement terms and negotiations

7. 7. Non-Disparagement: Mutual agreements not to make further negative or defamatory statements about each other

8. 8. Release: Mutual release of all claims relating to the defamatory statements

What sections are optional to include in a Defamation Settlement Agreement?

1. Social Media Provisions: Specific obligations regarding removal of social media content and future social media behavior

2. Third Party Rights: Provisions addressing the rights of third parties under the Contract (Rights of Third Parties) Act 1999

3. Costs: Provisions for the payment and allocation of legal costs incurred in the dispute

What schedules should be included in a Defamation Settlement Agreement?

1. Schedule 1: Form of Apology: The agreed text of any public apology or retraction to be made

2. Schedule 2: Payment Schedule: Detailed breakdown of settlement payments including amounts, dates, and payment methods

3. Schedule 3: Specific Content: List of specific defamatory content to be removed or amended, including URLs, publication dates, and platforms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

Defamation Act 2013: Primary legislation governing defamation in England and Wales. Key elements include serious harm requirement, defenses (truth, honest opinion, public interest), single publication rule, jurisdiction requirements, and provisions against libel tourism.

Limitation Act 1980: Sets the one-year limitation period for defamation claims. Critical for determining settlement timing and scope of claims covered in the agreement.

Civil Procedure Rules (CPR): Procedural rules governing civil litigation in England and Wales, including Part 36 (Offers to Settle), pre-action protocols, and court procedures relevant if settlement fails.

Human Rights Act 1998: Incorporates European Convention rights into UK law, particularly Article 8 (Right to privacy) and Article 10 (Freedom of expression), requiring careful balancing in defamation cases.

Common Law Principles of Defamation: Established case law and precedents relating to defamation, including principles developed through judicial decisions.

Contract Law Principles: General principles governing formation and enforcement of settlement agreements, including consideration, intention to create legal relations, and certainty of terms.

Privacy Laws: Related legal framework protecting individual privacy rights, particularly relevant if the defamation case involves private information.

Data Protection Act 2018/UK GDPR: Legislation governing the processing of personal data, relevant if the settlement agreement involves handling of personal information.

Courts and Legal Services Act 1990: Legislation relevant to legal costs and enforcement of settlement agreements in the context of legal proceedings.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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