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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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