New legislation & SRA guidance mark a stronger stance on litigation that stifles perceived critics, writes Paige Coulter
- SLAPPs appear to be on the rise, or at least are being identified more frequently in the UK.
- To address them, ss 194 and 195 of the Economic Crime and Corporate Transparency Act 2023 have come into force, and the Strategic Litigation Against Public Participation Bill will go to second reading later this year.
- The Solicitors Regulation Authority has published further clarification on its approach to ensuring solicitors have acted properly and ethically with regard to SLAPPs.
A strategic lawsuit against public participation (SLAPP) is the term used to describe a legal action taken with the purpose of burdening the defendant with the cost, stress and risk of defending or responding to the SLAPP, typically to dissuade discussion of matters of public interest by intimidating the named defendant(s) and creating a wider chilling effect on public discussion. SLAPPs typically take the form of defamation actions, where a powerful individual or organisation seeks to stifle a perceived critic.
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