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29 July 2022
Issue: 7989 / Categories: Legal News , Public
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SLAPPS slapped down

Costs to be capped to protect individuals

Courts are to be given greater powers to dismiss strategic lawsuits against public participation (SLAPPs), which are brought to stifle free speech by intimidating campaigners and journalists.

The Ministry of Justice (MoJ) said last week it will introduce a three-part test to identify SLAPPS―is the case against activity in the public interest, is there evidence of abuse of process, such as a barrage of aggressive letters on a trivial matter; and does the case have sufficient merit? Cases can be stricken out immediately or progressed but with a cap placed on costs to protect individuals from pricey legal battles.

The MoJ has also published the results of its call for evidence on SLAPPs, which found media organisations have been deterred from publishing information on specific individuals or subjects, including exposing serious wrongdoing or corruption, because of the possible legal costs.  

Mark Fenhalls QC, Chair of the Bar Council, said the measures on SLAPPS were ‘timely and welcome to curb the abuse of court proceedings by those with the power and wealth to use the justice system to intimidate others’.

Simkins partner Gideon Benaim said: ‘No one disputes that cases which are genuinely abusive ought to be dispensed with at the earliest stage possible.

‘However, it is important that a case does not become a 'SLAPP' simply because a journalist or publisher asserts that there is a public interest angle, even though a claimant has a legitimate reason to seek to enforce their legal right. As anyone who has been involved in defamation and privacy law knows, public interest justifications from the media for proposed stories are raised in almost every situation, sometimes tenuously.

‘The key for the government in making any legislative change will be to carefully balance the various competing rights. Unfortunately, I suspect that this is easier said than done.’
Issue: 7989 / Categories: Legal News , Public
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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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