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05 September 2025
Issue: 8129 / Categories: Legal News , Defamation , Dispute resolution , Fraud , Human rights
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NLJ this week: SLAPPed shut?

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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

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.

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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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