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Defamation: Law, Procedure and Practice 4th ed

David Price, Korieh Duodu, Nicola Cain

ISBN13: 9781847036322
Previous Edition ISBN: 042183790X
Published: November 2009
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £277.00



Despatched in 3 to 5 days.

A comprehensive and practical work that outlines the law and focuses on both the practical and tactical aspects of case preparation. Defamation Law, Procedure and Practice:-

  • Outlines the law and focuses on both the practical and tactical aspects of case preparation
  • Delivers a clear, concise and accessible approach to this very complex area of law
  • Includes key case law and has been fully updated to include important developments, including those resulting from the Human Rights Act 1998
  • Sets out the up-to-date law and details practical guidance on defamation claims
  • Covers basic principles and specific defences including Fair Comment and Qualified Privilege, chapter-by-chapter
  • Covers every aspect in a logical order, including remedies and appeals
  • Contains useful forms and precedents
  • Includes a glossary of the main legal terms Appendices contain all relevant extracts of Statutes, fully annotated
  • Reproduces key legislation
  • Includes a wealth of new material on Qualified Privilege-Reynolds; Offer of Amends, Abuse of process, Internet; and Defamation and privacy
  • Written by an authoritative source

Subjects:
Tort Law, Libel and Slander
Contents:
Part One: What the Claimants must Prove
General
The defamatory statement
Publication
Identification
Slander claims and special damages
Malicious falsehood
Part Two: Defences
General
Justification
Fair comment
Privilege – general
Absolute privilege
Qualified privilegeduty and interest
Qualified privilege – Reynolds
Qualified privilege – reports
Secondary responsibility
Offer of amends
Miscellaneous defences and prohibitions or restrictions on bringing a defamation claim
Malice
Part Three: Remedies
General
Damages
Injunctions
Apologies
Part Four: Procedure, Strategy and Tactics
General considerations for claimants
General considerations for defendants
Defamation and the CPR
Commencing a defamation claim
Jurisdiction - claims with a foreign element
Statements of case
Summary disposal and strike-out
Disclosure and further information
From CMC to trial
Trial
Appeals
Costs, security for costs and conditional fees
Part Five: Specific Considerations
Internet
Pre-publication considerations for publishers
Consideration for a person facing a threatened defamatory publication
Part Six: Human Rights and Privacy
Human Rights Act 1998
Defamation and Privacy
Appendices
Precedents
Statutes
Schedule of defamation trials since 1990
Court of Appeal on damages
Personal Injury Awards
Glossary
Criminal libel