The most recent annual Judicial Statistics – those for 2021 – appear to show a very substantial increase in the number of issued defamation claims. According to the Ministry of Justice Royal Courts of Justice Tables for 2021 there were 545 issued defamation claims. Continue reading
While the recently introduced Bill of Rights Bill [pdf] appears to weaken the judicial protection of fundamental rights in some respects, the government claims the Bill will strengthen the right to freedom of speech. Continue reading
In his post of 25 May 2022 Iain Wilson asked whether Strategic Lawsuits Against Public Participation (SLAPPs) are “a real problem or a defendant’s wildcard”. As co-chairs of the UK Working Group on SLAPPs we are regularly confronted with the all-too real effects of SLAPPs on public watchdogs – those, such as journalists and activists, whose role it is to hold the powerful to account. The problem with responding to Iain Wilson’s claims of exaggeration, however, is that we ultimately have to address a counterfactual: what information would have been published had it not been subject to a SLAPP?Continue reading
Arron Banks has been granted permission to appeal against Steyn J’s decision in his unsuccessful libel action against journalist Carole Cadwalladr. On 24 June 2022, one of five grounds for permission to appeal was successful, related to the serious harm test post-publication of the Electoral Commission report that found no evidence of law breaking by Banks. Continue reading
This is Part 2 of a post discussing the judgment in Banks v Cadwalladr. This final part deals with the impact meaning and intention had on the defences open to the defendant, specifically the public interest defence. Part 1 can be found here.Continue reading
In this two-part post, Emma Linch explores the judgment in Banks v Cadwalladr. Part 1 focuses on the early determination on meaning in this case, whilst Part 2 discusses the impact meaning and intention had on the defences open to the defendant, specifically the public interest defence.Continue reading
According to draft extracts of the Prevent review leaked to the Guardian, the government’s counter-terrorism programme has been too heavily focused on right-wing extremism and insufficiently concerned with Islamist extremism. Continue reading
The traditional press has two roles, one as a check on public figures, and another as a form of entertainment. Increasingly, as Franklin argues: Continue reading
On 13 June 2022, Arron Banks’ libel claim against Carole Cadwalladr was dismissed by Steyn J (Banks v Cadwalladr [2022] EWHC 1417 (QB)). Banks sued Cadwalladr over comments in a TED talk and tweet relating to his relationship with the Russian government. The public interest defence was substantially successful.. Continue reading