Defamation: Law, Procedure and Practice, 4th Edition

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Defamation: Law, Procedure and Practice, 4th Edition

Author David Price, Korieh Duodu, Nicola Cain
Publication Date Nov 2009
ISBN 9789386374028
Format Hardcover
Publisher Sweet & Maxwell


A detailed and practical text that lays out the law and emphasizes both the tactical and practical components of case preparation. The Law, Procedure, and Practice of Defamation: -

  • Outlines the law while emphasizing the practical and tactical components of case preparation.
  • Provides a straightforward, succinct, and understandable approach to a very complicated area of law.
  • It has been completely updated to reflect recent events, especially those stemming from the Human Rights Act of 1998.
  • Provides up-to-date legal information and practical advice on defamation lawsuits.
  • Chapter-by-chapter coverage of core concepts and specialized defences such as Fair Comment and Qualified Privilege.
  • Every issue, including remedies and appeals, is covered in a logical sequence.
  • Forms and precedents are included.
  • A dictionary of key legal concepts is included. All relevant statute passages are extensively annotated in the appendices.
  • Reproduces important laws.
  • New information on Qualified Privilege-Reynolds, Offer of Amends, Abuse of Process, Internet, and Defamation and Privacy are included.
  • Written by a reputable source

TABLE OF CONTENTS of Defamation: Law, Procedure and Practice

Part One: What the Claimants must Prove
-The defamatory statement
-Slander claims and special damages
-Malicious falsehood

Part Two: Defences
-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

Part Three: Remedies

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
-Costs, security for costs and conditional fees

Part Five: Specific Considerations 
-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
Schedule of defamation trials since 1990
Court of Appeal on damages
Personal Injury Awards
Criminal libel


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