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Tag: Lachaux

Defamation Update: Serious Harm, Lachaux and Beyond – Emma Linch

Section 1(1) of the Defamation Act 2013 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.” As Warby J said in Doyle v Smith [2018] EWHC 2935 (QB)“This is a beguilingly simple sentence. Inevitably, though, there was debate as to its meaning and effect before and after the Act came into force on 1 January 2014.”  Continue reading

News: Lachaux v Independent Print, Supreme Court dismisses appeal but restores Judge’s analysis of “serious harm”

The Supreme Court today handed down its long awaited judgment in the case of Lachaux v Independent Print ([2019] UKSC 27).  The appeal was dismissed on the facts but the Court overturned the Court of Appeal’s interpretation of the “serious harm” test in s.1(1) of the Defamation Act 2013, preferring the analysis of Warby J at first instance. Continue reading

Case Preview: Lachaux v Independent Print, Supreme Court to hear “serious harm” appeal – Mathilde Groppo

On Tuesday and Wednesday 13 and 14 November 2018, the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear the appeal in Lachaux (Respondent) v Independent Print Limited and another (Appellants) UKSC 2017/0175, against the Court of Appeal decision of Davis LJ, with whom MacFarlane and Sharp LJJ concurred ([2017] EWCA Civ 1334). Continue reading

Defendants should not be gleeful at prospect of Supreme Court allowing appeal on defamation test in Lachaux case – Greg Callus

There is a sneaking suspicion among some media lawyers that our cases seem to get permission to appeal to the higher courts more regularly than one might expect. Maybe it’s the fast-changing nature of media and communications law in the digital era; maybe it’s the sparkle and pizzazz of celebrities and gossip which brightens the day of overworked appellate judges. 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

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

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