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07 January 2014
Issue: 7589 / Categories: Legal News
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Defamation to speed up

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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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