In Corporate Disputes Magazine, Partner Charlotte Harris and Associate Katy-Jade Church Explore the UK SLAPPS Bill

In an article for the July-September issue of Corporate Disputes Magazine, partner Charlotte Harris and associate Katy-Jade Church examine the controversy surrounding a bill about Strategic Lawsuits Against Public Participation (SLAPPS) in the U.K.

According to a press release issued by the government, SLAPPS are legal threats brought to intimidate and financially and psychologically exhaust journalists, campaigners and anyone who would criticize or expose corruption.

The SLAPPS bill seeks to deter wealthy claimants from issuing claims against and individual journalists in abuse of process, but Harris and Church noted that the nature of the legislation means only the well-resourced claimants will be able to instruct specialised lawyers to ensure any steps taken are in accordance with the SLAPPS legislation. A defendant journalist will still incur the costs but will also have the additional costs of a SLAPPS claim.

“There has also been significant concern expressed by lawyers about the potentially oppressive effect of the SLAPPS bill, including the regard that must be had to the warning notice issued by the Solicitors Regulation Authority directing solicitors to ‘not get involved in abusive litigation on behalf of their clients,’ including SLAPPS,” they wrote. “Ultimately the legislation has the potential to deter claimants from pursuing defamation claims and seeking privacy safeguards against the media due to fears of being accused of having an improper motive.”

As matters stand, the SLAPPS bill has reached the House of Commons Committee stage but is currently floating until after the election. Given the cross-party approval, it is anticipated that the proposed bill will need to be grappled with at some stage later in the year.

Read the full article here.