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29 July 2022
Issue: 7989 / Categories: Legal News , Public
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SLAPPS slapped down

Costs to be capped to protect individuals

Courts are to be given greater powers to dismiss strategic lawsuits against public participation (SLAPPs), which are brought to stifle free speech by intimidating campaigners and journalists.

The Ministry of Justice (MoJ) said last week it will introduce a three-part test to identify SLAPPS―is the case against activity in the public interest, is there evidence of abuse of process, such as a barrage of aggressive letters on a trivial matter; and does the case have sufficient merit? Cases can be stricken out immediately or progressed but with a cap placed on costs to protect individuals from pricey legal battles.

The MoJ has also published the results of its call for evidence on SLAPPs, which found media organisations have been deterred from publishing information on specific individuals or subjects, including exposing serious wrongdoing or corruption, because of the possible legal costs.  

Mark Fenhalls QC, Chair of the Bar Council, said the measures on SLAPPS were ‘timely and welcome to curb the abuse of court proceedings by those with the power and wealth to use the justice system to intimidate others’.

Simkins partner Gideon Benaim said: ‘No one disputes that cases which are genuinely abusive ought to be dispensed with at the earliest stage possible.

‘However, it is important that a case does not become a 'SLAPP' simply because a journalist or publisher asserts that there is a public interest angle, even though a claimant has a legitimate reason to seek to enforce their legal right. As anyone who has been involved in defamation and privacy law knows, public interest justifications from the media for proposed stories are raised in almost every situation, sometimes tenuously.

‘The key for the government in making any legislative change will be to carefully balance the various competing rights. Unfortunately, I suspect that this is easier said than done.’
Issue: 7989 / Categories: Legal News , Public
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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