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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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