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David Hirst
Barrister
5RB
Contributions by 5RB

10

Defamation
Defamation
Practice notes

This Practice Note outlines the elements of the tort of defamation constituting libel and slander, and covers the key provisions of the Defamation Acts (1952, 1996 and 2013) and relevant case law. It explains: the distinction between libel and slander; what constitutes publication; and, the defences and remedies available, such as damages, an offer of amends or an interim injunction.

Defamation and malicious falsehood—publication
Defamation and malicious falsehood—publication
Practice notes

This Practice Note examines the role of publication in an action for defamation or malicious falsehood. It reviews key case law and legislation, and considers who may be primarily and secondarily responsible for publication, what constitutes publication, the nature of publication on the internet and jurisdictional issues.

Defamation and social media
Defamation and social media
Practice notes

This Practice Note covers defamation in the context of social media. It examines how liability for defamation may arise for individuals, internet service providers, website operators and employers and explores defences under the Defamation Act 1996, the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013, the Defamation Act 2013 and the Defamation (Operators of Websites) Regulations 2013, SI 2013/3028.

Defamation—defences
Defamation—defences
Practice notes

This Practice Note introduces the defences to a claim for defamation, examines key case law in this area, and considers the impact of the Defamation Act 2013. The principal defences are justification, honest comment, absolute privilege, qualified privilege at common law, statutory qualified privilege, publication on a matter of public interest (formerly the Reynolds defence), offer of amends, and defences for internet and secondary publishers.

Defamation—limitation
Defamation—limitation
Practice notes

This Practice Note considers the issue of limitation in relation to defamation cases pursuant to the Limitation Act 1980 and the Defamation Act 2013. It sets out details of the situations in which a claimant may extend the time to bring a defamation claim. It considers the ‘single publication’ rule and the circumstances in which a new cause of action or a party may be added after the expiry of the limitation period.

Defamation—practical aspects
Defamation—practical aspects
Practice notes

This Practice Note deals with the practical aspects of bringing a defamation claim such as identifying a defamatory statement; determining whether the statement is libel or slander; and the suitability of interim relief. It considers the impact of the Defamation Act 2013 on claimants and defendants and provides tactics on the procedural aspects of a defamation action.

Malicious falsehood
Malicious falsehood
Practice notes

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for malicious falsehood to prove that the statement complained of is defamatory. Instead, the claimant must prove that: the defendant has published a statement that is untrue; the statement was published maliciously; and, the statement has caused actual pecuniary damage, or falls within the provisions of section 3 of the Defamation Act 1952.

Sanctions and enforcement under the DPA 1998 [Archived]
Sanctions and enforcement under the DPA 1998 [Archived]
Practice notes

This Practice Note has been archived and is not maintained. It provides information on the position under the Data Protection Act 1998 (DPA 1998). It is for background information only.

UK media content regulation
UK media content regulation
Practice notes

This Practice Note provides an overview of media content regulation in the UK including broadcast, press, advertising, cinema and video, video on demand and premium rate services. It examines the codes and complaint processes implemented by the principal media regulators (Ofcom, Independent Press Standards Organisation, Advertising Standards Authority, British Board of Film Classification, Authority for Television on Demand and PhonePayPlus).

Contributions by 5RB Experts

4

Pre-Action Protocol on Media and Communications Claims
Pre-Action Protocol on Media and Communications Claims
Practice notes

This Practice Note provides guidance upon the application of the Pre-Action Protocol on Media and Communications Claims (the Protocol), which came into force on 1 October 2019. It considers when it applies, its aims, content, the general consequences of non-compliance and the relationship between the Protocol and limitation.

Claim form (defamation)—the contents
Claim form (defamation)—the contents
Precedents

This Precedent sets out guidance on the contents of a claim form for use in relation to a claim for defamation. It contains a link to an N1 Claim form (CPR Part 7) (06.16) which has been populated with suggested text which can be adapted for use in the Queen’s Bench Division, Media & Communications List.

Particulars of claim (defamation)
Particulars of claim (defamation)
Precedents

This is a Precedent particulars of claim for use in relation to a claim for defamation in the Media and Communications List of the Queen’s Bench Division. It forms part of a suite of Precedents, including a claim form, defence, reply and order following judgment.

Reply (defamation)
Reply (defamation)
Precedents

This is a Precedent reply for use in relation to a claim for defamation, in the Media & Communications List of the Queen’s Bench Division. It forms part of a suite of Precedents, including a claim form, particulars of claim, defence and order following judgment.

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