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Civil way: 24 January 2014

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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