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23 May 2025 / Michael Bundock
Issue: 8117 / Categories: Features , Dispute resolution , CPR , Procedure & practice , Fraud
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Two cheers for SLAPP legislation

219530
Michael Bundock gives a muted welcome to the new rules
  • Anti-SLAPP legislation is at last on the statute book, although not yet in force. A defendant will be able to have a SLAPP claim struck out.
  • However, as this article explains, only limited forms of SLAPP are affected.

Journalists, publishers and lawyers have long been concerned that the courts can be used to stifle legitimate comment or criticism, a practice often referred to as strategic litigation against public participation (SLAPP). However, it is not always easy to distinguish between abusive behaviour and the ordinary stresses and strains of litigation, and introducing legislation has proved to be a slow process. In July 2022, the then government announced that it had fired ‘the opening salvo’ against SLAPP. Almost three years later, legislation has made its way on to the statute book, but it has yet to come into force and, even when it does, it is likely to disappoint campaigners.

SLAPP has been defined in various ways,

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NEWS
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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