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24 January 2014
Issue: 7591 / Categories: Features , Civil way , Procedure & practice
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Civil way: 24 January 2014

Bring back Slander of Women Act! More on Mitchell & the curse of Sanctiongate

REPUTABLE ACT

In the writer’s crazier dreams, he is libelled by a national newspaper and falsely imprisoned in a supermarket on the same day as consolation for the poor return on fixed rate savings accounts. The dreams of the media have been for freer speech and whilst, post- Leveson , it seems to be taking greater care, editors are blessing rather than cursing the Defamation Act 2013 which was commenced on 1 January 2014 in England and Wales by SI 2013/3027. Here’s our libel free tour of the legislative changes.

Seriously There will be no defamation unless the publication caused or is likely to cause serious harm to the claimant’s reputation. For a body that trades for profit, serious financial loss must have been caused or be likely in order to qualify as serious harm. Trivial claims were already susceptible to strike out but the bar may now have been raised with the introduction of serious harm.

Defence swap

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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