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28 February 2024
Issue: 8061 / Categories: Legal News , Procedure & practice , Public
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Support for SLAPP Bill: reducing ‘frivolous claims’

The Strategic Litigation Against Public Participation (SLAPP) Bill has gained cross-party support at its second reading in parliament, the Ministry of Justice has said

SLAPPs are lawsuits used to silence critics and journalists by threatening them with potentially ruinous legal costs. The private member’s bill, brought by Wayne David MP, will allow judges to dismiss ‘frivolous claims’ before they go to court, protecting defendants from paying high costs.

Law Society president Nick Emmerson welcomed the Bill but warned it required modification to achieve its aims, ‘including whether the definition of a SLAPP should also cover potentially abusive behaviour by the defendant in a case, either in the course of their defence or a counterclaim’.

Emmerson also suggested significant re-drafting of what is defined as ‘in the public interest’ and expressed concern about whether the Bill, ‘as currently drawn, strikes the correct balance between rights to respect private and family life and rights of freedom of expression’.

Issue: 8061 / Categories: Legal News , Procedure & practice , Public
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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