When false statements are made with malice, with the result that the person or business about which they have been made suffers a loss, a claim for damages for 'malicious falsehood' may be the result.
In a recent case, the High Court laid down the approach claimants can take when calculating the amount of claim.
When a claim is brought based on the probable damage caused by the falsehood, it must give particulars of the nature of the probable damage alleged and also the ground under which it believes damage to have been a probable result.
This could be based on additional costs of advertising or supplying reassurance to customers in order to counter the effects of the falsehood(s) or the loss of profits due to direct loss of sales.
In any event, the amount of the claim and the rationale underpinning it must be clear.
If your business or reputation has been damaged by false claims, contact us for advice.