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20.10.23
Where are we now with serious harm? Understanding section 1 of the Defamation Act 2013
Defamation lawyers had hoped that the Supreme Court’s judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (see our blog here) would provide some much-needed clarity on how section 1 of the Defamation Act 2013 should be interpreted. Prior to Lachaux preliminary issue trials had become something of a bête noire for…
Read more7.03.23
Carol Cadwalladr liable for defamation damages after Court of Appeal rejects echo chamber argument
As those with an interest in media law will be aware, for a defamation claim to succeed it is necessary for a claimant to prove that they have suffered serious harm to their reputation, or are likely to (section 1(1) of the Defamation Act 2013). 10 years after its introduction, the interpretation of this statutory…
Read more13.01.23
Proving the extent of publication in Twibel claims
Since the first High Court Twitter libel trial of Cairns v Modi [2012] EWHC 756 (QB), the online platform has provided a fertile source of work for libel solicitors. Indeed, in 2022, three of the most high-profile libel trials in England and Wales (Banks v Cadwalladr [2022] EWHC 1417 (QB), Wright v McCormack [2022] EWHC…
Read more18.06.19
Defamation claims up by 70% in 2018
Inforrm, the leading independent media law blog, reported last week that judicial statistics for 2018 show a 70% increase in the number of defamation claims issued. 265 defamation claims were issued in London in 2018, compared with 156 in 2017. This is the second year in a row which has seen a dramatic increase, and the figures…
Read more16.05.19
Meeting the serious harm threshold in defamation claims: Claimants gets second bite of the cherry
In the case of Tinkler v Ferguson & Ors [2019] EWCA Civ 819, the Court of Appeal provided some much-needed clarification on whether a claimant is able to demonstrate by evidence at trial that a defamatory statement has caused or is likely to cause serious harm to his/her reputation after the Court has declined to…
Read more27.11.18
Doyle v Smith: Blogger’s public interest defence fails
In Doyle v Smith [2018] EWHC 2935 (QB), a parish councillor and blogger/citizen journalist, failed to defend a libel claim on the grounds that publication had been on a matter of public interest. The case is the first example of a blogger seeking to rely on the statutory defence introduced by section 4 of the…
Read more2.07.18
Defamation/ Libel: Defamation claims up by 40% in 2017
Inforrm, the leading independent media law blog, reported last week that judicial statistics for 2017 show a 40% increase in the number of defamation claims issued. 156 defamation claims were issued in London in 2017, compared with 112 in 2016. These figures debunk the theory that has been, somewhat lazily, it might be said, regurgitated…
Read more26.03.18
Supreme Court to hear appeal on "serious harm" threshold in defamation cases
The Supreme Court has granted the unsuccessful defendants in Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 permission to appeal against the Court of Appeal’s rulings regarding the application of section 1(1) of the Defamation Act 2013. Section 1(1) of the Defamation Act 2013 states that a statement is not defamatory unless it is publication…
Read more12.12.17
Libel/Defamation: cogent evidence required to defeat the qualified privilege defence
In the case of David v Hosany [2017] EWHC 2787 (QB), His Honour Judge Moloney QC considered a libel claim brought by the claimant, a Governor of the East London Foundation NHS Trust, in respect of three publications by the defendant, another Governor of the same Trust. These publications alleged that the claimant had intimidated…
Read more2.11.17
Butt v Secretary of State for the Home Department: Revisiting the honest opinion defence
The decision in Butt v Secretary of State for the Home Department [2017] EWHC 2619 (QB) clarifies the application of the statutory defence of honest opinion under section 3 of the Defamation Act 2013. In doing so the case also confirms the application of the defence to statements made by Government bodies and the interdependence of the defence upon…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
