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Tag: Adrienne Page

Defamation Act 2013: Does section 1 replace the test of the hypothetical reasonable reader by that of the twitter troll?, Part 2 – Adrienne Page QC

APage_img1117-12-470x312The preliminary issues agreed by the parties in Cooke v MGN ([2014] EMLR 31) and directed by the Master, which came before Bean J, envisaged two issues being determined sequentially: (1) whether the words complained of bore the meanings alleged by the Claimants or any other meaning that (subject to serious harm) was defamatory of them and, if so, what meaning; and (2) whether the publication of those words had caused or were likely to cause serious harm to the Claimants’ reputations within the meaning of section 1. Continue reading

Defamation Act 2013: Does section 1 replace the test of the hypothetical reasonable reader by that of the twitter troll? Part 1 – Adrienne Page QC

APage_img1117-12-470x312It is still very early days for section 1(1) of the Defamation Act 2013, which is likely to be a source of uncertainty for practitioners while decisions clarifying its application are awaited from specialist defamation judges and the appeal courts. This may well be having a chilling effect on potential claimants owing to the costs risks attaching to the testing of new legal boundaries. Continue reading

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