SLAPPs, where expensive legal action is threatened in order to intimidate another person from taking action, are typically used to stifle criticism. Concerns over oligarchs using SLAPPs escalated in the wake of the Russian invasion of Ukraine.
The amendments tabled this week to the Bill, currently at report stage in the House of Lords, define a SLAPP in law for the first time and create an early dismissal process so they can be swiftly thrown out of court.
The legislation applies only to SLAPPs connected with economic crime, and only in England and Wales, although the Ministry of Justice (MoJ) is consulting with devolved administrations in Scotland and Northern Ireland.
The definition of a SLAPP includes that the intention is to restrain freedom of speech, disclosure is in the public interest, and the claimant’s behaviour is intended to cause the defendant ‘harassment, alarm or distress, expense’ or ‘any other harm or inconvenience beyond that ordinarily encountered in the course of properly conducted litigation’.
The early dismissal mechanism comprises two tests—whether it meets the legal criteria of a SLAPP, and whether it has a reasonable chance of success. According to the MoJ, this puts the onus on the complainant to prove their case has merit, rather than on the defendant.
The MoJ also pledged to introduce limits on the costs associated with SLAPPs to prevent them from being financially ruinous, and to bring forward legislation beyond economic crime ‘when parliamentary time allows’.
Welcoming the amendments, Nick Vineall KC, chair of the Bar Council, said: ‘We will carefully consider the detail of the proposed amendments to ensure that they are practical and workable and strike an appropriate balance between freedom of speech and the protection of reputation.’
Law Society president Lubna Shuja said: ‘We understand why the government is implementing these measures.
‘However, as only cases related to economic crime are covered, this means that some claimants may still use SLAPPs to stifle scrutiny.’
