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12 June 2019
Issue: 7844 / Categories: Legal News , Defamation , Media
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‘Serious harm’ test in the Supreme Court

The Supreme Court has given an important ruling on the ‘serious harm’ test for libel.
Following statements made in the British press during his long-running divorce case, engineer Bruno Lachaux brought a defamation claim. Ruling in Lachaux v Independent Print & Anor [2019] UKSC 27, the court held that the statements had met the test of s 1(1) of the Defamation Act 2013, which says publication must have caused or been likely to cause serious harm to the claimant’s reputation.

Giving the lead judgment, Lord Sumption said Mr Justice Warby’s ‘analysis of the law was coherent and correct’ and rejected the Court of Appeal’s reasoning.

Romana Canneti, of 4KBW, who acted for interveners in the case the Media Lawyers Association with Guy Vassall-Adams QC and Edward Craven of Matrix, said: ‘Libel claims increased by 70% in the year after the Court of Appeal’s judgment.

‘The Supreme Court has now clarified that there must be a factual basis for deciding “serious harm” has been suffered. This important judgment favours freedom of expression.’

Issue: 7844 / Categories: Legal News , Defamation , Media
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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