Overview

This bill aims to prevent the misuse of lawsuits (Strategic Litigation Against Public Participation or SLAPP suits) to silence individuals or groups expressing views on matters of public interest. It introduces new rules to allow courts to quickly dismiss such frivolous lawsuits and protect free speech.

Description

The bill mandates changes to court rules in England and Wales to address SLAPP suits. A "SLAPP claim" is defined as a lawsuit related to an expression of public interest where the claimant's actions aim to restrain free speech and cause harm beyond that of normal litigation. This harm could include expense, harassment, alarm, or distress.

Key Provisions:

• Courts will be empowered to strike out SLAPP claims before trial if the claimant fails to show a strong likelihood of success.
• Courts can make this determination on their own initiative.
• Cost awards against defendants in SLAPP cases will be exceptional, only granted in cases of defendant misconduct.
• The bill clarifies that limitations on free speech (like those regarding defamation) are disregarded when assessing whether a claim is a SLAPP.
• The bill provides examples of public interest matters, including unlawful behaviour, false statements, public health, and investigations by public bodies.
• Factors to consider when determining if a claim is a SLAPP include disproportionate costs, unequal resource access between parties, and failures to adhere to pre-action protocols.
• The bill repeals sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023, which dealt with striking out certain claims, as these sections are replaced by this new bill.

Government Spending

The bill doesn't directly specify government spending figures. However, implementation may involve costs associated with amending court rules, training judges, and potentially providing legal aid in certain circumstances. No specific figures are provided in the bill itself.

Groups Affected

• Individuals and groups expressing views on matters of public interest: The bill is designed to protect them from SLAPP suits, potentially increasing their ability to speak freely without fear of costly and harassing litigation.
• Claimants bringing SLAPP suits: The bill will make it significantly more difficult for them to succeed with such actions, potentially deterring frivolous lawsuits.
• Judges and courts: They will be responsible for implementing the new rules and procedures, potentially increasing their workload.
• Lawyers: Legal professionals will need to adapt their practices to the new rules surrounding SLAPP claims.

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