In a judgment handed down on 27 June 2023 ([2023] EWCA Civ 884) the Court of Appeal upheld an appeal by Dyson Technology Limited and Dyson Limited (“the Appellants”) against the decision of Nicklin J on 31 October 2022 ([2022] EWHC 2718 (KB)) that based solely on intrinsic evidence, they were not referred to in the Channel 4 broadcast that was the subject of their libel claim. The appeal raised the issue as to the test which the court should apply to decide whether an defamatory statement has referred to a person, so that they have the right to sue. Continue reading
The International Forum for Responsible Media Blog
Category: Libel (Page 1 of 96)
There has been previous comment here on the various stages of Banks v Cadwalladr, and the facts have been well-stated. However, there has so far been no comment on the substantive decision of the Court of Appeal in the case. This post aims to fill the gap. There is a lot going on in the Court of Appeal’s decision. It brings some clarity to novel issues like the judicial definition of SLAPPs, the meaning of ‘echo chamber’ for the purpose of s 1 of the 2013 Act, and the need to reassess serious harm once the public interest defence falls away. Continue reading
On 27 June 2023 a remarkable and little debated Government amendment to the Economic Crime and Corporate Transparency Bill was approved by the House of Lords without a division. It introduces wide ranging and unclear changes relating to what have become known as “strategic litigation against public participation” (“SLAPPs”) addressed to the law of defamation. The amendment had been published only the week before and was not the subject of any consultation, white paper or select committee report. Continue reading
The recently issued Ministry of Justice Royal Courts of Justice Tables for 2022 suggest that there has been a substantial decline in the number of defamation claims issued in London. They record that there were 233 issued defamation claims in 2022, a 60% decrease from the 2021 figure of 545 issued claims. Continue reading
Lachlan Murdoch’s defamation proceedings against Crikey promised to be a test case on the new public interest defence. Following Murdoch’s discontinuation of his claim in April, the scope and application of the public interest defence to defamation await another appropriate vehicle. Continue reading
At the heart of the spectacular defamation trial brought by decorated Australian soldier Ben Roberts-Smith were two key questions. Had the Age, the Sydney Morning Herald and the Canberra Times damaged his reputation when they published in 2018 a series of explosive stories accusing him of murder and other crimes while in Afghanistan? And could the newspapers successfully defend their reporting as true? Continue reading
On 17 May 2023, the Court of Appeal made its final order [pdf] in the long running Banks v Cadwalladr case. After receiving written representations from the parties, the Court ordered the defendant, Carole Cadwalladr to pay 60% of Arron Banks’ costs of the trial and one third of his costs in the Court of Appeal. Continue reading
In Hay v Cresswell [2023] EWHC 882 (KB) handed down on 26 April 2023, Mrs Justice Heather Williams held that a sexual abuse victim, Nina Cresswell, had successfully defended a libel claim brought by the perpetrator, William Hay. Continue reading
Former Liberal Party staffer Bruce Lehrmann has been given the all-clear to continue with defamation proceedings against several media outlets and journalists regarding reporting about Brittany Higgins’ rape allegations. Continue reading
The figures for new claims issued in the Media and Communications List of the Queen’s Bench Division (“the M&C List”) continue to show substantial annual variations. According to data derived from HM Courts and Tribunals E-Filing Service a total of 202 new claims were issued in 2022, a 64% decrease on 2021 when a total of 564 new claims were issued. That was, itself, a 50% increase on the number of claims issued in 2020 (373). Continue reading
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