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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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