Business as usual? The Court of Appeal considers the threshold for bringing a libel claim in Lachaux v Independent Print Ltd – Iain Wilson and Tom Double

16 09 2017

The long-awaited decision in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 has brought some badly-needed clarity and certainty to the law of libel, and it seems fair to say that reports of the death of the libel writ have been greatly exaggerated.  Read the rest of this entry »





Lachaux, Seriously limiting serious harm – Nicola Cain

14 09 2017

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”. Read the rest of this entry »





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

12 09 2017

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. Read the rest of this entry »





Twitter, defamation and “serious harm” – David Rolph

25 03 2017

Twitter may well be the “Wild West” of social media. Certainly, anyone who has spent even a little time on it will be aware that there are a lot of people out there with most decided views who are willing to share them, frequently and stridently. Read the rest of this entry »





Case Report: Jack Monroe v Katie Hopkins, Days 1 and 2: claimant’s evidence and defendant’s closing submissions

1 03 2017

Royal Courts of JusticeThe trial of the case of Jack Monroe v Katie Hopkins (see our case preview from last Friday) began on Monday 27 February 2017 before Mr Justice Warby in Court 13 at the Royal Courts of Justice. Read the rest of this entry »





A time to reflect: the serious harm test – Oliver Lock and Tom Rudkin

31 07 2016

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. Of greatest interest was Section 1 of the Act, the “serious harm” requirement. This introduced a new hurdle for persons and businesses wanting to bring a claim for defamation.

Read the rest of this entry »





Defamation Act 2013: You cannot be serious – Tom Rudkin

3 03 2016

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. Read the rest of this entry »