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Understanding what you have received
Legal letters addressed to journalists come in several forms. Understanding which type you have received determines how urgently and in what manner you must act.
Letter Before Action (LBA)
A formal pre-litigation notice required by the Pre-Action Protocol for Media and Communications Claims. It sets out the nature of the complaint, the legal basis, and the remedy sought. It requires a substantive response within a stated deadline (often 14 days). This is the most serious type of legal letter.
Cease-and-Desist Letter
Demands that you stop a particular activity — typically continued online publication. It may or may not be accompanied by a formal LBA. It is not a court order. You are not legally obliged to comply, but the letter can inform your legal risk assessment.
“Concerned” or Complaint Letter
A less formal communication expressing dissatisfaction without explicit threat of litigation. Often a precursor to a formal LBA or a complaint to IPSO/IMPRESS. Treat it seriously but it does not carry the same urgency as an LBA.
Injunction Application Notice
The most urgent type. This means the claimant is applying to court — sometimes on an emergency basis — to restrain publication. Requires immediate legal representation. Contact a media lawyer within hours, not days.
When a legal threat becomes especially serious
- ›The letter claims defamation and demands removal within 24–48 hours — designed to create panic before you can take legal advice.
- ›You are a freelancer without employer legal support and the letter threatens personally catastrophic damages.
- ›The claimant is a wealthy individual or corporation with a history of threatening journalists.
- ›The letter is accompanied by a claim that an injunction will be sought without notice (ex parte) at short notice.
- ›The letter threatens parallel claims in defamation, privacy, data protection, and harassment simultaneously.
- ›The letter contains obvious hallmarks of a SLAPP — disproportionate claimed damages, vague allegations, tight deadlines, and an implicit offer to make it go away if you comply.
Red flags in a solicitor’s letter
- ●A very short response deadline (fewer than 7 days) designed to prevent proper legal advice.
- ●Damages claimed are wildly disproportionate to any realistic harm from the publication.
- ●The letter is vague about which specific statements are complained of — a valid LBA should identify them.
- ●The solicitors are not UK-based or specialise in suppressing press rather than genuine reputation work.
- ●The letter is copied to your employer, your editor, and sometimes your family — designed to maximise pressure.
- ●Claims are brought simultaneously in multiple jurisdictions (e.g. England and a foreign court with claimant-friendly laws).
- ●The letter makes threats about your personal conduct or character rather than focusing on the specific publication.
What to do when you receive a legal threat
- Do not panic. Most legal threats never proceed to litigation. But do not ignore the letter either.
- Note the date and time you received the letter and record any response deadline stated.
- Do not reply to the solicitor's letter yourself or agree to anything without taking legal advice.
- Contact your editor and your outlet's legal team immediately if you are staff.
- If freelance, contact the NUJ legal defence line (020 7843 3700) or check your NUJ/Hiscox insurance cover.
- Preserve all editorial materials relating to the story: notes, recordings, emails, source communications, and your evidence file.
- Do not delete anything. Destroying documents after receiving a legal threat can constitute contempt or perverting the course of justice.
- Compile a chronological evidence file: when you obtained each piece of information, from whom (redact source identity if necessary), and how you verified it.
- Assess with your lawyer whether any of the following defences apply: truth (s.2 Defamation Act 2013), honest opinion (s.3), publication on a matter of public interest (s.4), or privilege (s.6 — peer-reviewed journals; s.14 — court proceedings).
- Consider whether a standstill agreement would give you time to assess the claim without the clock running on limitation.
- Check whether the SLAPP provisions of the Economic Crime and Corporate Transparency Act 2023 might apply.
- Respond through your lawyer within the deadline, even if only to acknowledge receipt and state you are taking legal advice.
Tools for assessing and responding to legal threats
Use the defamation risk checklist to assess the strength of your public interest defence, and the right of reply generator to document your pre-publication attempts to seek comment.
Common mistakes journalists make when threatened
- ⚠Replying to the solicitor directly and making admissions or concessions without legal advice.
- ⚠Immediately removing the article without assessing whether doing so is necessary or appropriate.
- ⚠Assuming the claim has merit simply because a solicitor wrote the letter.
- ⚠Failing to preserve evidence — particularly digital evidence that can be overwritten or lost.
- ⚠Not informing your editor, who may have access to legal support you do not know about.
- ⚠Discussing the claim on social media or with other journalists before taking legal advice.
- ⚠Agreeing to a correction or apology without legal advice when you have a strong factual basis for the story.
Related guides
SLAPP Response Playbook
Identifying and resisting strategic lawsuits designed to intimidate journalists.
Right of Reply: Process, Timing & Templates
How a proper right of reply protects against defamation claims.
Source Protection: Legal Framework & Practice
Protecting confidential sources when you are under legal pressure.
Defamation Law for UK Journalists
Serious harm, defences, and the public interest test in full detail.
Primary sources
Frequently asked questions
I have 14 days to respond to a letter before action. Do I have to comply by that date?
The deadline is set by the claimant's solicitor, not by the court. You do not have to meet it in the sense of complying with their demands, but you should respond — ideally via a lawyer — to acknowledge receipt, dispute the timeline if unreasonably short, and indicate you are taking advice. Ignoring the letter entirely is rarely the right approach. Failing to respond can be used against you in any subsequent costs assessment.
A solicitor's letter says the story is defamatory. Is it?
A letter from a solicitor asserting defamation is their client's opening position, not a judicial determination. Under the Defamation Act 2013, a claim cannot succeed unless the statement (a) is defamatory at common law, (b) causes or is likely to cause serious harm, and (c) is not subject to a valid defence such as truth, honest opinion, or public interest. A lawyer asserting a claim does not make it a strong one. Get a qualified media lawyer to assess the merits before doing anything.
Should I take down the article while the threat is live?
This is a critical decision and you should not make it alone. Taking down an article can be interpreted as an admission that it is wrong. However, if your outlet's legal team decides it is the right tactical step while the threat is assessed, that is a defensible editorial decision. Never take something down simply because you have received a threatening letter without first consulting your editor and a media lawyer.
What is a standstill agreement?
A standstill agreement is a short-term agreement between the parties to pause the limitation clock on a defamation claim, usually for 30–60 days, to allow time for settlement negotiations. This can be useful when both sides want to avoid litigation costs. Your lawyer can draft one if appropriate. Never agree to a standstill without legal advice, as the terms matter.
Does my NUJ membership cover the cost of legal defence?
NUJ members have access to the union's legal defence fund and can get free initial legal advice from NUJ-approved media lawyers. Full legal representation is available in appropriate cases. NUJ Extra legal insurance provides additional cover. Members on Pro Plus also benefit from enhanced cover. Check your membership tier and contact the NUJ's legal team before instructing a private solicitor at your own expense.