Second Edition
Editor: David Price
Publisher: Sweet & Maxwell
Price: £75
It is hardly surprising that the late, great, George Carman QC wrote a laudatory foreword to this useful book. Twenty years ago a defamation action attracted little media coverage unless one of the litigants was a well-known personality. Now, actions involving a comparatively unknown claimant receive a lot of coverage, which is an additional cause of pressure. David Price anticipates these areas of concern and provides tips on how to analyse and deal with them.
This book is helpful to lawyers and non-lawyers alike. One can imagine a newspaper editor having this book permanently in place on the working desk. It covers well the changes in law and procedure caused by the Defamation Act 1996, many of which were considerably delayed, the civil procedure rules and the Human Rights Act. Moreover the different positions of a claimant and defendant, particularly in the broadcast or written media, are well illustrated.
The book is separated into three parts: the Claimants; the Defendants; and the Remedies. The style of writing is comparatively light and not turgid. Explanations are clear and usually cater for any additional dimensions. Examples are given frequently, promoting easier assimilation.
A party in a difficult situation, whether claimant or defendant, or their lawyer, should be able to find at least part of the answer on law or procedure, if not the entire answer. Only a trial can resolve any conflict of evidence or fact. For example, the way in which a court might deal with a claimant who has a bad reputation, bringing an action for damages for defamation, and the conduct of the parties, always difficult areas, are clearly explained and illustrated.
In many cases, it might be better for a claimant to read the entire section on remedies before looking at the bringing of a claim.
For example, Chapter 23 General Considerations for Claimants deals with the fear of being involved in a combined poker game and war of nerves, with the possibility of republishing the defamation by publicity. Perhaps arising out of that very media coverage, claimants frequently overplay their hands. The author has shown how much he has absorbed over the years of the contrasting issues and dilemmas facing parties to such actions.
Qualified privilege is a complex area, and difficult for the inexperienced. To have three chapters on this subject, carefully categorised, is of great assistance, particularly after the case of Reynolds v Times Newspapers.
Article 10 of the European Convention on the Right to Freedom of Expression, will undoubtedly make a considerable impact in our law, which the book helpfully anticipates.
Certain international aspects of defamation law are also addressed, and not just over internet issues. This is particularly apposite when London is often referred to as the ‘libel capital of the world’.
Despite frequent criticism by the media and its lawyers that libel law in England and Wales is too restrictive and inhibits freedom of speech, the book is neutral on the subject. A media defendant would appreciate far more detailed information on the law and various precedents contained in the book, than confirmation of any opinion that it may hold which may be irrelevant to the success or not of an action.
As well as having the usual appendices of precedents/statutes, the Schedules of Defamation Trials and Appeals since 1990 and the Schedule of Personal Injury Awards for comparison purposes are particularly useful. For the non-lawyer or law student, the Glossary of Terms is extremely user-friendly.
The size of the book, compared to others for court purposes, is very helpful, combined with the price of £75 – particularly when considering practitioners’ hourly rates.
Michael Gardner is a litigation partner in the City office of Morgan Cole.
