Legislation against so-called SLAPP litigation will not be introduced in this parliamentary session despite Labour’s support for a new law while in opposition, justice minister Heidi Alexander MP revealed today.
Alexander was responding to a backbench business debate opened by Labour MP Lloyd Hatton who used parliamentary privilege to cite details of instances of alleged strategic lawsuits against public participation. He condemned a culture in which law firms' choice of client is 'based on profit over professional standards'. The possibility of a £25,000 maximum fine by the Solicitors Regulation Authority 'is likely priced in by offending law firms', he claimed.
Shadow justice minister Keiran Mullan MP attacked the government for failing to take forward the Strategic Litigation against Public Participation Bill, which was lost in the run-up to the July general election. The measure, which began as a private member's bill but won cross-party support, would have created an early dismissal mechanism for abusive lawsuits.
Mullan accused the government of unnecessary delay by insisting the issue needs further review.
Alexander commended the previous government for introducing a limited anti-SLAPP measure in the 2023 Economic Crime and Corporate Transparency Act, but said there were still 'unresolved issues' with wider legislation which would attack abuses while preserving access to justice. ’We will not legislate in haste only to risk unintended consequences,’ she said.
The government's approach to legislation willl be informed by monitoring the implementation of procedural reforms being considered by the Civil Procedure Rule Committee under the 2023 act, she said. As a result 'we will not introduce legislation in this partliamentary session'. Saying 'we will not allow our world renowned legal system to be abused', Alexander said she was keen to consider non-legislative measures such as newly adopted Council of Europe recommendations on tackling SLAPPs.
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