Defamation to speed up

Lord Dyson, the Master of the Rolls, has said he expects to see earlier resolution of defamation disputes now the new Act is in force.

In a statement issued this week to “provide some clarification and reassurance” to those who might think fewer rule changes have been made than expected, Lord Dyson highlighted existing rules by which the aims of the Defamation Act 2013 can be achieved. 

Noting concerns expressed in Parliament during the passage of the Bill that steps be taken to reduce costs and encourage early resolution of disputes, he highlighted the “formidable array of powers” that already exist by which judges can achieve early resolution. These include CPR 3, under which judges can intervene in cases to call in parties at an early stage, and can “dismiss or give judgment on a claim after a decision on a preliminary issue”.

CPR 3.4 enables judges to strike out claim as an abuse of process or where there are no reasonable grounds for the claim being brought, while the rules also provide for courts to take compliance with pre-action protocols into account, and the use of alternative dispute resolution is encouraged, he said. 

The Act, which came into effect on 1 January, introduces a “serious harm” threshold to discourage trivial claims, new protection for scientists and academics publishing in journals, and new protection where a person reasonably believes publication is in the public interest. It introduces a single publication rule to prevent repeated claims, and a fast-track process for disputes involving online statements.