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Law digests: 16 July 2021

16 July 2021
Issue: 7941 / Categories: Case law , In Court , Law digest
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Defamation

XXXX (known as Jean Hatchet) v Varma [2021] EWHC 1709 (QB), [2021] All ER (D) 01 (Jul)

Where judgment in default had been entered in respect of the claimant feminist campaigner’s defamation claim, the Queen’s Bench Division held that an award of £45,000 in general compensatory damages was appropriate, which included an element of aggravated damages for the defendant’s failure to acknowledge the publication, withdraw the same or to make any apology. The court was satisfied that the defamatory meaning pleaded in the case represented a reasonable interpretation of the offending words, concerning allegations in relation to the claimant and a charity. Among other things, the court held that the ‘percolation phenomenon’, namely ‘where scandalous stories published on the internet might spread far beyond their immediate publishees’, was a legitimate factor to take into account in the assessment of general damages, and that the award had to be such as to deter the defendant, and others who had retweeted the tweets (or other tweets relying on the information in them), from publishing

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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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