header-logo header-logo

30 June 2011
Issue: 7472 / Categories: Legal News
printer mail-detail

CJC against Defamation Bill

Improved judicial case management would have a greater impact on the area
of defamation law than a new Act of Parliament, according to the Civil Justice Council (CJC)

A CJC working party, set up to respond to the government’s draft Defamation Bill consultation, concluded that the proposed legislation would not significantly improve defamation law in England and Wales: “In that sense the draft Bill does not do ‘what it says on the tin’. Indeed, by providing more room for expensive argument and uncertainty, in some respects the draft Bill may make things worse.”

According to the CJC report, the potential cost of court proceedings is the main problem in defamation law. It found that “the single most important means of controlling and reducing costs, and behaviour that can increase costs, is judicial case management, and that can and should be enhanced”.

Clauses 1 to 4 of the draft Bill did not significantly alter the common law, it found, noting “the use of statute simply or principally to codify the common law does carry real risks of inviting fresh argument over previously established points”. The working party also claims that libel tourism was “an imagined problem, not a real one” and that “adequate tools to prevent forum shopping already exist”.

The CJC recommends that jury trial be restricted to specific types of cases, that there be early determination of “meaning” where possible, and that more procedures and remedies be made available.

Issue: 7472 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll