Q&As

When the parties have agreed the terms of a joint statement which is to be read in open court, is it a requirement that the defendant attends the court when the statement is to be read out or is it acceptable for the statement to be read out without their attendance?

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Published on LexisPSL on 25/10/2017

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • When the parties have agreed the terms of a joint statement which is to be read in open court, is it a requirement that the defendant attends the court when the statement is to be read out or is it acceptable for the statement to be read out without their attendance?
  • Defences to defamation claims—offer of amends
  • Statements in open court

When the parties have agreed the terms of a joint statement which is to be read in open court, is it a requirement that the defendant attends the court when the statement is to be read out or is it acceptable for the statement to be read out without their attendance?

Defences to defamation claims—offer of amends

It is open to a defendant who is prepared to accept at an early stage of the proceedings (prior to service of a defence) that he or she has wrongly defamed the claimant to make an offer of amends under section 2 of the Defamation Act 1996 (DeA 1996). By making such an offer, the defendant agrees to make a suitable correction and sufficient apology to the claimant and to pay appropriate compensation (if any is warranted) and costs as agreed between the parties or determined by the court. If the claimant accepts the offer, the case does not proceed to trial but to a hearing before a judge at which any outstanding issues between the parties, most commonly the quantum of compensation, will be determined. In such cases, the fact that a defendant has made a prompt offer of amends will usually result in a substantial reduction in the amount of compensation payable as compared with the damages that would have been awarded had the offer not been

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