Gatley on Libel and Slander

REUTERS/Ahmad Masood

NEW 12TH EDITION GATLEY ON LIBEL AND SLANDER ENCOMPASSING THE FULL BREADTH OF DEFAMATION LAW General Editors: Richard Parkes QC and Professor Alastair Mullis Editors: Godwin Busuttil, Dr Andrew Scott, Adam Speker

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12TH EDITION GATLEY ON LIBEL AND SLANDER Forming part of the Common Law Library, Gatley on Libel and Slander provides expert commentary and analysis of substantive and procedural law governing defamation and related areas of law including malicious falsehood and misuse of private information.

You will find guidance on recent case law and relevant legislation such as the Defamation Act 2013, developments in legal principles, and changes to procedural aspects of practice.

Regularly cited in court in the UK and other common law jurisdictions and relied on by practitioners, judges, academics and students, Gatley is the leading text book on defamation.

Gatley on Libel and Slander: • States the English law of defamation as it stands prior to the coming into force of the Defamation Act 2013 • Discusses the Defamation Act 2013 and its possible impact on English law and practice • Addresses other changes in the legal landscape such as the impact of the Leveson Report, the Jackson costs reforms, and recent modifications to the Civil Procedure Rules • Offers detailed coverage of the relevant procedure and guidance on practising in defamation law and other related areas of law • Discusses the jurisprudence of the European Court of Human Rights and the impact of the Human Rights Act 1998 on defamation law and privacy • Explains the constituents of related causes of action arising from the publication of statements and images, e.g. misuse of private information, breach of confidence, and harassment, and the defences to such claims, and discusses recent case law on these topics • Sets out key legislation • Includes summaries of libel awards in the appendix material

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COVERAGE OF ESSENTIAL CASES Gatley includes reference to cases from other jurisdictions with commentary on their relevance to English law and procedure, in particular decisions from Australia, New Zealand, Canada and Hong Kong.

Cases covered include: • Von Hannover v Germany (No.2) and Axel Springer v Germany: Reputation has been authoritatively recognised as an Art 8 ECHR right.

• Flood v Times: The last word on Reynolds privilege from the UK Supreme Court.

• Clift v Slough BC: Important developments in common law qualified privilege where the defendant publisher is a public authority.

• Bou Malhab c. Diffusion Métromédia CMR Inc; a Canadian Supreme Court decision on the principles to be applied to group libels • Rothschild v Associated and Ashcroft v Foley: two important decisions of the Court of Appeal on the defence of justification • Tamiz v Google: the first Court of Appeal decision on ISP liability in defamation • Crookes v Newton: the first definitive answer in the common law world to the question of whether hyperlinking to defamatory material constitutes publication • Cairns v Modi: On damages for defamatory tweeting • Terry v Persons Unknown and Hutcheson v Popdog: Both cases are among the new decisions considered in regards to misuse of private information ABOUT THE GENERAL EDITORS Richard Parkes QC practised as a defamation and media specialist at 5RB until 2009, when he became a circuit judge. He also sits intermittently as a judge of the High Court.

Alastair Mullis is professor and Head of School at the School of Law, Leeds University. He specialises in defamation and privacy law and has published extensively on these, and other, subjects on his own and with Dr Andrew Scott.

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Quoting reference: 1043108

REUTERS | Saad Shalash | Asmaa Waguih

December 2013 Hardback 9780414028432 £315

CONTENTS The Defamatory Statement Introduction Defamatory Imputations The Form and Meaning of the Defamatory Statement Slanders Actionable Per Se Slanders Actionable Only on Proof of Special Damage Publication Identity of the Person Defamed Parties: Who May Sue or Be Sued Remedies Defences

ALSO PUBLISHING AS AN EBOOK ON THOMSON REUTERS PROVIEWTM

Defences: General Justification (Truth) at common law Defence of Truth under section 2, Defamation Act 2013 Honest Comment

For the first time, Gatley on Libel and Slander will also publish as an eBook on Thomson Reuters ProViewTM, a professional grade app designed specifically with you and your workload in mind.

Defence of Honest Opinion under section 3, Defamation Act 2013

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Qualified Privilege at Common Law Part II

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Rehabilitation of Offenders Act 1974

Absolute Privilege Qualified Privilege at Common Law Part I Qualified Privilege: Statute Defence of Publication on a Matter of Public Interest under section 4, Defamation Act 2013 Malice and Qualified Privilege Other Defences Other Causes of Action and related Matters Malicious Falsehood Misuse of Private Information Other Causes of Action Arising from Statements The Action The Initial Stages Interim Injunctions Particulars of Claim Defence Reply and Defence to Counterclaim Apology, Offer of Amends and Compromise Pre-trial Applications Interlocutory Matters

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The Trial: The Claimant’s Case The Trial: The Defendant’s Case The Trial: Functions of Judge and Jury The Trial: The Final Stages Appeal Appendix 1: Statutes Appendix 2: Damages Awards

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