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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 more23.05.22
SLAPPs: A real problem or a defendant’s wildcard?
Brett Wilson LLP partner Iain Wilson argues that problems regarding so-called SLAPPs are overstated and that further defamation reform is unnecessary In our blog In defence of privacy and the judiciary we discussed how the press had misreported the decision in HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWCA Civ 1810 and,…
Read more7.09.21
Section 13 of the Defamation Act 2013 – Removal orders against non-parties
Section 13(1) of the Defamation Act 2013 allows a Court to order that a non-party to cease communicating a defendant’s defamatory statement. Such an order can be made against a website operator, requiring them to remove the statement (section 13(a)), or any person who was not the author, editor or publisher of the defamatory who…
Read more23.06.20
High Court sets very high bar for harassment by publication claims against the press
In Sube & Anor v News Group Newspapers Ltd & Anor (Rev 1) [2020] EWHC 1125 (QB) the High Court emphatically rejected a claim for harassment against media organisations. The case highlights the difficulties faced by claimants in harassment proceedings against media organisations, as it must be found that the conduct by the media organisation…
Read more29.05.20
Court of Appeal refuses to reinstate Bitcoin libel claim
In Wright v Ver [2020] EWCA Civ 672, the Court of Appeal dismissed the Claimant’s appeal against a decision by the High Court to strike out his libel claim on jurisdictional grounds. The case is the first occasion that the Court of Appeal has considered section 9 of the Defamation Act 2013 which limits the…
Read more23.01.20
Defamation Act 2013: A summary and overview six years on
The Defamation Act 2013 (‘the Act’) came into force on 1 January 2014. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. In this follow-up article, we revisit the topic six years after the Act’s inception and look at…
Read more31.07.19
Libel claim by man claiming to have invented Bitcoin dismissed on jurisdictional grounds
The decision of Mr Justice Nicklin in Craig Wright v Roger Ver [2019] EWHC 2094 (QB) confirms that where a defendant in a libel claim is not domiciled in the United Kingdom, another Member State or a state which is a contracting party to the Lugano Convention, claimants have a very difficult task in obtaining…
Read more19.06.19
Supreme Court confirms defamation is no longer actionable per se
In Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 the Supreme Court sought to clarify the meaning of section 1(1) of the Defamation Act 2013. The Supreme Court was unequivocal in its rejection of the Court of Appeal’s interpretation of section 1(1) and its endorsement of Mr Justice Warby’s analysis of the law…
Read moreLegal Disclaimer
Articles are intended as an introduction to the topic and do not constitute legal advice.
