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18 March 2011 / Jenny Afia , Phil Hartley
Issue: 7457 / Categories: Opinion
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Tipping the balance

Deputy prime minister Nick Clegg’s speech, ‘Restoring Civil Liberties’, delivered before an audience of libel reform hopefuls in January...

Deputy prime minister Nick Clegg’s speech, ‘Restoring Civil Liberties’, delivered before an audience of libel reform hopefuls in January, repeated an assertion that has become something of a cliché in discussions of England’s libel laws. He said: “It is a farce—and an international embarrassment—that the American Congress has felt it necessary to legislate to protect their citizens from our libel laws.”

Not so. On the international stage—that is, around the world, not just in America—our libel laws are highly regarded. Indeed they provide the legal model for a majority of common law countries. Constitutionally and philosophically, we are of a different make up from the US. Inscribed in the First Amendment to the United States Constitution is a presumption in favour of freedom of expression. This is alien to our own (and Europe’s) model which strikes a fine balance between the right to reputation in Art 8 of the European Convention on Human Rights (ECHR) and the right to free expression in Art 10. Without

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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

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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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