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20 June 2019 / Romana Canneti
Issue: 7845 / Categories: Opinion , Defamation , Media
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Rewriting the Defamation Act?

In a boost to free speech & the Fourth Estate the Supreme Court has come off the bench on defamation. Romana Canneti provides the commentary

We waited a long time for this one, but it’s been worth the wait. Last week, the Supreme Court clarified the ‘serious harm’ threshold test set by s 1 of the Defamation Act 2013 in Lachaux v Independent Print Ltd and another  [2019] UKSC 27, [2019] All ER (D) 42 (Jun). Not the catchiest topline perhaps, but keep reading, this matters to us both. The justices’ long-awaited ruling revives the heady spirit of Lord Lester’s Defamation Bill back in 2010 which sought to ‘reduce the chilling effect on freedom of expression and…to encourage the free exchange of ideas and information, whilst providing an effective and proportionate remedy to anyone whose reputation is unfairly damaged’.

The Defamation Act 2013 came into force in January 2014, adorned with the preamble that it was an Act ‘to amend the law of defamation’. Change was sorely needed: an end to forum shopping by

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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