Mr. Dwayne appreciates that defamation disputes within a stratified community can be particularly sensitive, as the parties frequently continue to reside, work or operate within the same development and the impugned statements may affect not only an individual's reputation but also the confidence placed in committee members, management bodies or professional property managers. His approach therefore places particular emphasis on identifying the nature and extent of the publication, the people to whom it was communicated, the cause of action and available defenses, and the reputational and practical consequences for the client at an early stage.
In advising on such matters, Mr. Dwayne considers the appropriate strategy having regard to the client's ultimate objective, which may include the cessation of further publications, removal or correction of statements, retraction and apology, preservation of evidence, negotiated resolution and, where necessary, the commencement of court proceedings and pursuit of appropriate relief.