I acted for the publishers of the Independent, “i” and Evening Standard in their appeal against the finding of Warby J that the articles in question had caused serious harm to Mr Lachaux’s reputation.
The appeal was of considerable significance as it involved the interpretation of s.1(1) of the Defamation Act 2013 which imposes a new requirement on a claimant to prove that serious harm to reputation had been caused or is likely to be caused.
The Court of Appeal decision was handed down today.
There will be numerous commentaries on this decision, to which I will not add. It will certainly be good for business in the libel industry.
You can find here the Defendants’ application to the Court of Appeal for permission to appeal to the Supreme Court. The Court of Appeal has not ruled on the application, but it generally refuses permission to appeal, leaving it to the Supreme Court to decide whether they wish to hear the case.
12 September 2017