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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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