Tuesday, 2 September 2014

Cooke: First judgment under the new Defamation Act analysis

Farrer - First judgment under the new Defamation Act: "This highly anticipated judgment, the first to be decided under the Defamation Act 2013, looked specifically at the new "serious harm" test under s1(1). In finding against the claimants, the court made it clear that the threshold for a statement to be defamatory had been raised.
The court attached significant weight to early apologies and suggested that evidence will almost always be required to pass the serious harm test. However, on the meaning of "serious harm" itself, discussion was somewhat limited. The judge said that this was an ordinary term in common usage, providing little clarity on how it differs from the previous common law approach. " 'via Blog this'

No comments:

Post a Comment