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Gatley on Libel and Slander w/ Supp

  • Provides an authoritative and comprehensive guide to the law of defamation.  The twelfth edition is substantially revised to cover recent case law (domestic, Commonwealth and Strasbourg) and important legislation including the Defamation Act 2013
  • Includes expert commentary and analysis of substantive defamation law, including discussion of all significant recent English case law
  • States the English law of defamation as it stands prior to the coming into force of the Defamation Act 2013
  • Discusses the Defamation Act 2013 and its impact on English law and practice
  • Offers detailed coverage of the relevant procedure and guidance on practising in defamation law and other related areas of law
  • Includes reference to cases from other jurisdictions with commentary on their relevance to English law and procedure, in particular decisions from Australia, New Zealand, Canada and Hong Kong
  • Discusses the jurisprudence of the European Court of Human Rights and the impact of the Human Rights Act 1998 on defamation law and privacy
  • Explains the constituents of related causes of action arising from the publication of statements and images, e.g. misuse of private information, breach of confidence, and harassment, and the defences to such claims, and discusses recent case law on these topics
  • Deals first with substantive law and then with procedure, clearly separated into chapters and sections
  • Sets out key legislation
  • Includes summaries of libel awards in the appendix material

The 1st Supplement to the 12th Edition will include all the latest developments in libel and slander, malicious falsehood and privacy from here and overseas including full updates on all developments in defamation case law, both substantive and procedural, including analysis of the effect on English law and practice of the Defamation Act 2013, and in particular:

  • Discussion of the impact of the far-reaching first instance decisions in Cooke v MGN Ltd [2014] EWHC 2831 (QB), [2015] 1 WLR 895, Ames v The Spamhaus Project Ltd [2015] EWHC 127 (QB), [2015] 1 WLR 3409 and Lachaux v Independent Print Ltd [2015] EWHC 2422 (QB), [2015] EMLR 28 on the construction and ramifications of s.1 Defamation Act 2013, especially as regards the need to prove actual or likely serious damage to reputation and the kind of evidence required to do so, the apparent loss of the presumption of damage in defamation, difficulties of determining when a cause of action has arisen, the possible impact on limitation and the single publication rule, and the potentially revolutionary effect of a well-judged apology
  • The end of trial by jury in libel and slander: consideration of Yeo v Times Newspapers Ltd [2014] EWHC 2853 (QB), [2015] 1 WLR 971 for guidance on when jury trial might yet – or more probably might not – be ordered
  • The relationship between Art 9 of the Bill of Rights and absolute privilege (Makudi v Triesman [2014] EWCA Civ 179, [2014] 1 QB 839) 
    The effect of the Defamation (Operators of Websites) Regulations 2013, which are now in force
  • Discussion of the scope for early determination of issues (particularly meaning and serious harm to reputation) now that trial by jury is no longer presumed
  • Developments in malicious falsehood, including the relationship between meaning and malice in the light of Cruddas v Calvert [2015] EWCA Civ 171, [2015] EMLR 16
  • Reflections on the blurred frontier between defamation and misuse of private information as it affects interim injunctions and the rule in Bonnard v Perryman: Hannon v News Group Newspapers Ltd [2014] EWHC 1580 (Ch), [2015] EMLR 1
  • Discussion of Rhodes v OPO [2015] UKSC 32, [2015] 2 WLR 1373 in which the Supreme Court has effectively closed off the possibility of using the Wilkinson v Downton tort to restrain expression
  • The latest authorities in misuse of private information (Re JR38 [2015] UKSC 42, [2015] 3 WLR 155), data protection (Google Spain SL v Agencia Espanola de Proteccion de Datos Case C-131/12, [2014] EMLR 27 and Vidal-Hall v Google Inc [2015] EWCA Civ 311, [2015] 3 WLR 409) and harassment (Levi v Bates [2015] EWCA Civ 206, [2015] EMLR 22)
More Information
Weight 3.0000
By Richard Parkes (Editor), Patrick Milmo (Editor), W.V.H. Rogers (Editor)
Country of Publication United Kingdom
Dimensions 234 x 156 mm
Edition 12e
Format Hardback
ISBN/EAN 9780414052635
Publication Date Dec 9, 2015
Publisher Sweet & Maxwell Ltd
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