
England and Wales is a popular forum due to claimant-friendly defamation laws and the ‘loser pays’ rule. Whittam highlights the psychological toll on defendants and the difficulty of early dismissal under current procedural rules.
lthough new anti-SLAPP provisions came into force in June 2025, they only apply to economic crime, leaving many abusive claims unchecked. Whittam calls for broader reform to protect public interest speech and prevent litigation from becoming a tool of censorship. Without stronger safeguards, free expression remains vulnerable to legal bullying.