A law limiting the mischievous use of legal proceedings to gag journalists and other critics could be on the statute book within weeks if the government accepts an amendment to legislation currently at committee stage.
The amendment to the Economic Crime and Corporate Transparency Bill, tabled by Labour MP Liam Byrne, would give the courts the power to strike out as an abuse of process 'any statement of case which can be reasonably understood as having the purpose of concealing, or preventing disclosure or publication of, any information likely to be relevant to the investigation of an economic crime'. It is expected to be debated by the public bill committee tomorrow.
The lord chancellor has already pledged to introduce curbs on so-called SLAPPs (strategic litigation against public participation) brought by wealthy individuals and corporations. He told the justice select committee he was 'looking for a legislative vehicle' for the measure.
His statement coincided with the publication of a model 'Anti-SLAPP' law by a coalition of free-speech campaign groups and journalists. The four-page bill would 'prevent the use of court processes to silence speech' and 'discourage the use of litigation as a means of limiting expression and investigation on matters of public interest'. Its scope would be far broader than the Byrne amendment, which is limited to disclosures relating to economic crime.
Among other measures, the 'Protection Against Abusive Litigation Act' would require a judge to dismiss a proceeding 'if it is found to be an abusive lawsuit against public participation'. A defendant in such a case would be entitled to full indemnity costs.
Setting out the need for new legislation last night, Gavin Millar KC of Matrix Chambers said that current defences against defamation and privacy claims take effect only at the end of a case, 'after two, three or more years aggravation. Why can't we front-end that?'.
Earlier Conservative David Davis MP said the abuse of English courts by wealthy litigants was 'undermining the institutions that create the values of our society'.
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