With the new Defamation Act in force and costs provisions relating to defamation and privacy claims being rewritten, it should be an interesting year ahead. This article gives a brief overview of these two developments.
The Defamation Act 2013 came into force on 1 January 2014 and applies to all relevant causes of action accrued after that date. The new act is likely to introduce a significant degree of uncertainty to various aspects of defamation law, including a number of areas where the law was settled and uncontroversial.
The act introduces a ‘serious’ harm threshold, as compared with the ‘substantial’ harm threshold already in existence. Although this has not yet been considered by the courts, and it is not immediately obvious what the difference is, the guidance in the act makes clear that the bar for bringing such cases has been raised…
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