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12 June 2019
Issue: 7844 / Categories: Legal News , Defamation , Media
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‘Serious harm’ test in the Supreme Court

The Supreme Court has given an important ruling on the ‘serious harm’ test for libel.
Following statements made in the British press during his long-running divorce case, engineer Bruno Lachaux brought a defamation claim. Ruling in Lachaux v Independent Print & Anor [2019] UKSC 27, the court held that the statements had met the test of s 1(1) of the Defamation Act 2013, which says publication must have caused or been likely to cause serious harm to the claimant’s reputation.

Giving the lead judgment, Lord Sumption said Mr Justice Warby’s ‘analysis of the law was coherent and correct’ and rejected the Court of Appeal’s reasoning.

Romana Canneti, of 4KBW, who acted for interveners in the case the Media Lawyers Association with Guy Vassall-Adams QC and Edward Craven of Matrix, said: ‘Libel claims increased by 70% in the year after the Court of Appeal’s judgment.

‘The Supreme Court has now clarified that there must be a factual basis for deciding “serious harm” has been suffered. This important judgment favours freedom of expression.’

Issue: 7844 / Categories: Legal News , Defamation , Media
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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