header-logo header-logo

Defamation to speed up

07 January 2014
Issue: 7589 / Categories: Legal News
printer mail-detail

Master of the Rolls expects speedier resolution of defamation disputes

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.

 

Issue: 7589 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll