header-logo header-logo

20 June 2019 / Romana Canneti
Issue: 7845 / Categories: Opinion , Defamation , Media
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll