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Eversheds comment: Welcome UK Defamation Act should deter frivolous proceedings

  • United Kingdom

    31-12-2013

    Commenting on the eve of the 2013 Defamation Act coming into force in the UK, Andrew Terry, partner and defamation and privacy expert at global law firm Eversheds, says:

    "The realisation of the Act represents a success for campaigners who have been urging reform and marks the most significant change to defamation law in England and Wales for many years.

    "It does not go as far as many reformers had hoped, but it brings increased protection in certain areas, for example for ISPs and academic journals, and limits so-called forum shopping. It will be more difficult for companies to sue for defamation and as such, many businesses have expressed concern that the pendulum has swung too far in favour of free speech and that they will be prevented from bringing legitimate claims.

    "However, in our view the Act is a welcome development that will serve to deter frivolous proceedings and encourage greater scrutiny early on in an action. It is also likely to lead to an increase in privacy and defamation claims by individuals, particularly where they are closely associated with companies."

    Andrew Terry, Partner

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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