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Law, Procedure and Practice
4th Edition
Practice Area:  Defamation
ISBN:  9781847036322
Published by:  Sweet & Maxwell
Publication Date:  01 Dec 2009
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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A comprehensive and practical work that outlines the law and focuses on both the practical and tactical aspects of case preparation. Defamation Law, Procedure and Practice:
  • Outlines the law and focuses on both the practical and tactical aspects of case preparation

  • Delivers a clear, concise and accessible approach to this very complex area of law

  • Includes key case law and has been fully updated to include important developments, including those resulting from the Human Rights Act 1998

  • Sets out the up-to-date law and details practical guidance on defamation claims

  • Covers basic principles and specific defences including Fair Comment and Qualified Privilege, chapter-by-chapter

  • Covers every aspect in a logical order, including remedies and appeals

  • Contains useful forms and precedents

  • Includes a glossary of the main legal terms Appendices contain all relevant extracts of Statutes, fully annotated

  • Reproduces key legislation

  • Includes a wealth of new material on Qualified Privilege—Reynolds; Offer of Amends, Abuse of process, Internet; and Defamation and privacy

  • Written by an authoritative source


Part One - What the Claimants must Prove
  • General
  • The defamatory statement
  • Publication
  • Identification
  • Slander claims and special damages
  • Malicious falsehood
Part Two - Defences
  • General
  • Justification
  • Fair comment
  • Privilege – general
  • Absolute privilege
  • Qualified privilegeduty and interest
  • Qualified privilege – Reynolds
  • Qualified privilege – reports
  • Secondary responsibility
  • Offer of amends
  • Miscellaneous defences and prohibitions or restrictions on bringing a defamation claim
  • Malice
Part Three - Remedies
  • General
  • Damages
  • Injunctions
  • Apologies
Part Four - Procedure, Strategy and Tactics
  • General considerations for claimants
  • General considerations for defendants
  • Defamation and the CPR
  • Commencing a defamation claim
  • Jurisdiction - claims with a foreign element
  • Statements of case
  • Summary disposal and strike-out
  • Disclosure and further information
  • From CMC to trial
  • Trial
  • Appeals
  • Costs, security for costs and conditional fees
Part Five - Specific Considerations
  • Internet
  • Pre-publication considerations for publishers
  • Consideration for a person facing a threatened defamatory publication
Part Six - Human Rights and Privacy
  • Human Rights Act 1998
  • Defamation and Privacy
  • Precedents
  • Statutes
  • Schedule of defamation trials since 1990
  • Court of Appeal on damages
  • Personal Injury Awards
  • Glossary
  • Criminal libel


Visit The Defamation microsite at www.sweetandmaxwell.co.uk/defamation for more information about this product.
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