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Gatley on Libel and Slander 12th ed isbn 9780414028432

Gatley on Libel and Slander 11th ed

Edited by: Patrick Milmo, W.V.H Rogers, Richard Parkes, Clive Walker, Godwin Busuttil

ISBN13: 9781847034922
New Edition ISBN: 9780414028432
Previous Edition ISBN: 9780421946101
Published: December 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Gatley is the leading text on libel and slander. This new edition will keep practitioners up to date with the latest developments in the law of defamation, both substantive and procedural. It analyses the relevant case law, and guides the reader through practice and procedure in detail.

The new 11th edition incorporates the latest case law, explains new procedures and tracks the developing law in areas such as press freedom to report on matters of public interest.

  • Provides an all-encompassing guide to the law of defamation
  • Analyses the substantive law and discusses a wealth of significant recent case law
  • Includes cases from other jurisdictions with commentary on their relevance to UK law and procedure, in particular decisions from Canada, Australia and New Zealand
  • Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law
  • Deals with defences and related causes of action such as criminal libel
  • Includes forms and precedents for issuing proceedings, statements of case and settlements
  • Reproduces key legislation
  • Includes summaries of important libel awards in the appendix material
  • Updates the reader with regular supplements
What’s new for the 11th edition
  • Jameel v Wall Street Journal Europe: This decision of the House of Lords is certainly the most important case since Reynolds v Times Newspapers on qualified privilege and all earlier cases on Reynolds must be read subject to it. While there are some differences of opinion on the precise jurisprudential basis of Reynolds and its relationship to the traditional privilege for “private” communications, the general message is clear: Reynolds was a liberalising decision in favour of the freedom to report matters of public concern so long as the publisher adhered to the standards of responsible journalism and the various factors referred to by Lord Nicholls are not to be treated as a series of hurdles in a steeplechase.
  • Seaga v Harper: Despite the references to “responsible journalism” in Reynolds, the Privy Council has held that it is not confined to news media publications. For example it applies to a statement by the defendant at a meeting or to a book.
  • Charman v Orion Publishing: This Court of Appeal decision is the most important of a number of cases examining how far the law protects “reportage” or “neutral reporting”, an important issue in view of the traditional stance taken by the law that if A repeats defamatory imputations made by B about C, then A could not shelter behind the fact that the statement was originally made by B – the repetition rule. Another important decision on the repetition rule (and on reporting privilege) is Curistan v Times Newspapers.
  • Jameel v Dow Jones: an important Court of Appeal decision on limited publication and abuse of process. Adelson v Associated Newspapers is another significant case on abuse of the process and proportionality in defamation proceedings, which also touches on statements in open court.
  • Bunt v Tilley: the meaning of publication at common law and under the Defamation Act 1996 and the Electronic Commerce (EC) Directive Regulations 2002. Al Amoudi v Brisard, looks at the issue of the publication of defamatory material via the Internet.
  • Culnane v Morris looks at the issue of political campaigning and defamation.
  • Lowe v Associated Newspapers, Burstein v Associated Newspapers: two important decisions on fair comment.
  • Buckley v Dalziel, Westcott v Westcott concern absolute privilege in the context of complaints to the police.
  • The offer of amends procedure and defence under the Defamation Act 1996 has been clarified in a number of cases such as the Court of Appeal decisions in Milne v Express Newspapers, Nail v News Group and Turner v News Group. Warren v Random House is a significant first instance decision.
  • Misuse of personal information is a wrong which has grown out of breach of confidence and increasingly important for those affected by publication in the media. Among the many new decisions considered in the text are Campbell v MGN, Von Hannover v Germany, Douglas v Hello! (No.3), McKennitt v Ash, Murray v Big Pictures (UK), HRH The Prince of Wales v Associated and Lord Browne v Associated Newspapers. Johnson v Medical Defence Union has revealed some uncertainty about the scope of the Data Protection Act 1998.
Gatley on Libel and Slander, though based on English law, continues to trace developments in other common law jurisdictions. Among many developments noted are the uniform Acts passed by the Australian states in 2005 and 2006. The Irish Defamation Bill is noted and may be passed before publication.

Libel and Slander, Common Law Library
Part One: The Defamatory Statement
Defamatory Imputations
The Form and Meaning of the Defamatory Statement
Slanders Actionable Per Se
Slanders Actionable Only on Proof of Special Damage
Identity of the Person Defamed
Parties: Who May Sue or Be Sued
Part Two: Defences
Defences: General
Justification (Truth)
Fair Comment
Absolute Privilege
Qualified Privilege at Common Law Part I
Qualified Privilege at Common Law Part II
Qualified Privilege: Statute
Malice and Qualified Privilege
Rehabilitation of Offenders Act 1974
Other Defences
Part Three: Other Causes of Action and related Matters
Scope of this Part
Malicious Falsehood
Misuse of Private Information
Other Causes of Action Arising from Statements
Criminal Libel
The European Convention on Human Rights and Reputation
Part Four: The Action
The Initial Stages
Interim Injunctions
Particulars of Claim
Reply and Defence to Counterclaim
Apology, Offer of Amends and Compromise
Pre-trial Applications
Interlocutory Matters
The Trial: The Claimant’s Case
The Trial: The Defendant’s Case
The Trial: Functions of Judge and Jury
The Trial: The Final Stages
Appendix 1: Forms and Precedents
A Steps up to and including issue of proceedings
B Statements of case
C Settlement of action
Appendix 2: Statutes
Appendix 3: Damages Awards