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27 April 2007
Issue: 7270 / Categories: Legal News , Defamation
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Speaking ill of the dead could prove costly

An extension of the defamation laws which would allow the dead or their representatives to sue for libel are reportedly being consided by the government.

However, Nick Armstrong, partner in the media and entertainment team at Charles Russell, says the possibility of allowing a right of action over libelling the dead is “never going to happen”.

Potential litigants must currently be alive for a libel action to be launched. However, the Department for Constitutional Affairs is expected to release a consultation paper later this year that will include the option of extending libel laws to the dead.

Armstrong says that in the context of the Human Rights Act 1998, it is difficult to think of examples where the right to reputation of a dead person would or should prevail over the primary right of free expression, “particularly as it would have an impact not only on the reporting of current affairs but also the writing and analysis of recent history”.

He adds that there could be more scope for protecting the dead if the allegations were of the nature of personal intrusions into the family’s life. “Then, the Art 8 rights of privacy might well be something that family members could use. But that would not entail any change in the law—those rights are available now,” he says.

Issue: 7270 / Categories: Legal News , Defamation
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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
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