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Tag: Defamation Act 2013 (Page 2 of 7)

Lachaux, Seriously limiting serious harm – Nicola Cain

Trumpeting the Defamation Act 2013 when it received Royal Assent, the Ministry of Justice publicised section 1(1) of the Act, which provides that “A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant“, established “a requirement for companies and individuals to show serious harm to establish a claim“. The Act, according to Lord McNally, represented “the end of a long and hard fought battle to reform the libel laws in England and Wales”. Continue reading

News: Defamation and “Serious Harm” Court of Appeal dismisses Lachaux appeal

On 12 September 2017 the Court of Appeal handed down judgment in the important “serious harm” case of Lachaux v. Independent Print ([2017] EWCA Civ 1334). The Court unanimously dismissed the appeals of the defendants against the decision of Warby J ([2015] EWHC 2242 (QB)) that the claimant had established “serious harm” within the meaning of section 1 of the Defamation Act 2013. Continue reading

Defamation Act 2013: You cannot be serious – Tom Rudkin

Defamation ActOn 1 January 2014, the Defamation Act 2013 came into force in England and Wales, introducing a series of new provisions applicable to the law of libel and slander.  Cue a frenzy of speculation among media and reputation management lawyers as to how the new Act would be interpreted by the courts and, more importantly, what impact it would have for those seeking to protect their reputations in the face of false and damaging allegations. Continue reading

Lachaux, the Huffington Post and “Serious Harm” under the Defamation Act 2013 – Jonathan Coad

the-huffington-postIn a trial which took place in July 2015 Warby J found that the reputation of a foreign national living overseas had suffered “serious harm” as a result of the publication by the Huffington Post of a third party blog on its website about a marital dispute between the claimant and his ex-wife ([2015] EWHC 2242 (QB)). By that decision the High Court elucidated some general principles about how section 1 of the Defamation Act 2013 should be applied in the preliminary stages of a defamation claim. Continue reading

Case Law, Sobrinho v Impresa: Serious allegations do not always mean serious harm – Nathan Capone

expresoThe case of Sobrinho v Impresa Publishing ([2016] EWHC 66 (QB)) was a defamation claim in respect of an article in a Portuguese newspaper which alleged illegality on the part of a banker.  Dingemans J held that this had not caused serious harm to the banker’s reputation in England and Wales. Further, the proceedings were an abuse of process, his reputation already having been vindicated in Portugal. Continue reading

Theedom and Impresa: Lessons on serious harm – Claire Gill and Isabella Piasecka

Defamation ActAt first blush, the two most recent libel cases in which the question of serious harm has been tested, yielded contradictory findings.  Both cases were argued on the same day before different Judges at separate trials of preliminary issues. In Theedom v Nourish Training Ltd ([2015] EWHC 3769 (QB)) the court found that the Claimant had satisfied the threshold test of s.1 Defamation Act 2013. In Alvaro Sobrinho v Impresa Publishing SA ([2016] EWHC 66 (QB)) the court found that the threshold test had not been met and further, that the claim was an abuse of process. Continue reading

Case Law: Theedom v Nourish Training Ltd, “serious harm to reputation” once again established by inference – Hugh Tomlinson QC

CSPIn the case of Theedom v Nourish Training Ltd ([2015] EWHC 3769 (QB)) HHJ Moloney QC decided, on the trial of a preliminary issue, that the claimant had established serious harm to reputation” for the purposes of section 1 of the Defamation Act 2013. Once again, the claimant succeeded on a “serious harm” case based almost entirely on inference. Continue reading

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