His Honour Judge Richard Parkes, QC; Godwin Busuttil; Professor David Rolph; Professor Alastair Mullis; Dr Andrew Scott; Tom Blackburn SC
Publication Date
31 May 2022
ISBN
9780414099708
Format
Hardcover / Hardcover + Supplement / eBook
Publisher
Sweet & Maxwell
Gatley on Libel and Slander, now in its thirteenth edition and part of the distinguished Common Law Library, has established itself as the standard treatise on defamation law and practise.
The book has been completely updated and reorganised to provide a full treatment of the English law of defamation and other media and communications claims, including intentional untruth, privacy, data protection, and harassment - both substantively and procedurally.
New chapters on substantial injury and the defences of truth, honest opinion, and public interest publication
The chapter on pre-trial petitions has been completely updated, including preliminary trials of meaning.
There are separate chapters on the misuse of private information and data protection.
All major case law, including Lachaux, Stocker, Serafin, Lloyd v Google, Economou, Wright v Ver, Wright v Granath, Corbyn v Millett, Duchess of Sussex v Associated, and Soriano v Forensic News, is reviewed.
Taking into account legal changes in Commonwealth and common law jurisdictions
Gatley on Libel and Slander provides thorough guidance on the procedural aspects of bringing an action, in addition to detailed commentary and expert analysis of the substantive law. This advice is supplemented with sample forms and precedents for issuing procedures, as well as summaries of major damages awards, making it a practical as well as authoritative reference.
Expert analysis of the law and all key advances in libel and slander, malicious untruth, and privacy are provided by this authority on defamation law.
Detailed coverage of the appropriate process for practising defamation law, which may be used as a one-stop reference at each stage of a case.
Examines defamatory statements, including actionable slanders, publishing, and identifying the individual who has been defamed, as well as the issue of who may sue or be sued.
Examines the several types of damages available, including compensatory, aggravated, and exemplary damages.
Commentary on related causes of action, such as deliberate lying, misappropriation of personal information, and other causes resulting from utterances.
Honest remark, absolute and qualified privilege, publishing in the public interest, and other defences are discussed.
From interim injunctions and particulars of claim through counterclaims, apologies, the trial, and appeals, the method for filing an action is thoroughly examined.
Cases from Canada, Australia, and New Zealand that are relevant to UK law and process, with discussion on their relevance to UK law and procedure.
The European Court of Human Rights' jurisprudence is discussed, as well as the impact of the Human Rights Act on defamation law.
Forms and precedents for issuing proceedings, statements of case, and settlements are provided, as well as significant statutory passages.
An appendix containing legislation, procedural regulations, and damage awards is included.
TABLE OF CONTENTS OF Gatley on Libel and Slander, 13th Edition
Part One: The Defamatory Statement
1. Introduction
2. Defamatory Imputations
3. The Form and Meaning of the Defamatory Statement
4. Slanders Actionable Per Se
5. Slander Actionable Only on Proof of Special Damage
6. Publication
7. Identity of the Person Defamed
8. Parties: Who May Sue or Be Sued
9. Remedies
Part Two: Defences
10. Defences: General
11. Truth (Justification)
12. Honest Comment
13. Absolute Privilege
14. Qualified Privilege at Common Law
15. Publication on a Matter of Public Interest
16. Qualified Privilege Statute
17. Malice and Qualified Privilege
18. Rehabilitation of Offenders Act 1974
19. Other Defences
Part Three: Other Causes of Action and Related Matters
20. Scope of this Part
21. Malicious Falsehood
22. Misuse of Private Information
23. Other Causes of Action Arising from Statements
Part Four: The Action
24. The Initial Stages
25. Interim Injunctions
26. Particulars of Claim
27. Defence
28. Reply and Defence to Counterclaim
29. Apology, Offer of Amends and Compromise
30. Pre-trial Applications
31. Interlocutory Matters
32. The Trial: The Claimant’s Case
33. The Trial: The Defendant’s Case
34. The Trial: Functions of Judge and Jury
35. The Trial: The Final Stages
36. Appeal
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