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01 December 2017 / Athelstane Aamodt
Issue: 7772 / Categories: Features , Media
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Reputational damage

The Lachaux ruling has brought some much-needed clarity to the definition of serious harm in defamation cases, says Athelstane Aamodt

  • Defamation cases have historically struggled to define and test what constitutes serious harm to a claimant’s reputation.
  • The recent Lachaux judgment has brought a more streamlined and simplified approach to these proceedings.

On 12 September 2017, the Court of Appeal handed down one of the most important defamation judgments in years. Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 was a decision concerned with how the test of ‘serious harm’ (introduced by s 1(1) of the Defamation Act 2013) was defined and how it operated. However, to understand why Lachaux is so important, it is necessary to look at how things stood before the introduction of the new 2013 Act.

Hurt feelings

The common-law tests for whether a statement is defamatory are well-known to anyone that has studied law; very broadly, they coalesce into the following headings.

A statement should be taken to be defamatory if:

  • it may tend to lower the claimant in the estimation of right-thinking members of society generally ( Sim v Stretch [1936]
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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’
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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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