SLAPP lawsuits in UK?
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4x4Tyke

Original Poster:

6,506 posts

162 months

Wednesday 4th April 2018
quotequote all
Can any of the qualified minds explain the UK legal situation with regard to Strategic lawsuit against public participation (SLAPP) law suits?

https://en.wikipedia.org/wiki/Strategic_lawsuit_ag...


Ace Face

17 posts

104 months

Wednesday 4th April 2018
quotequote all
What do you want to do? Pursue one or defend one?

I had to check wikipedia to see what that "type" of claim is.

Costs can be prohibitive, and it's a serious problem in civil and criminal courts alike.

4x4Tyke

Original Poster:

6,506 posts

162 months

Wednesday 4th April 2018
quotequote all
Ace Face said:
What do you want to do? Pursue one or defend one?

I had to check wikipedia to see what that "type" of claim is.

Costs can be prohibitive, and it's a serious problem in civil and criminal courts alike.
Neither, mostly intellectual curiosity. I know it's an American thing, just wondered how it was handled in the UK.

ElectricPics

761 posts

111 months

Wednesday 4th April 2018
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The Defamation Act 2013 was partly designed to stop legal bullying of people expressing reasonable opinion but anyone genuinely slandering or libelling individuals or organisations aren't shielded.

https://www.ft.com/content/374299f0-295a-11e5-acfb...

4x4Tyke

Original Poster:

6,506 posts

162 months

Thursday 5th April 2018
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I get defamation, but SLAPP isn't about defamation, its purpose is silencing critics by suing them in bankrupting with legal costs not damages.

Defamation doesn't cover the situation below, which is what prompted the wondering. Given it is their own document it cannot be defamation and is clearly in the public interest as potential evidence of criminal wrong doing under election law. Undoubtedly they could 'buy' a judgement in the US, using one of the corporate friendly counties that import lawsuits.

But how would a UK court react?

https://www.theguardian.com/technology/2017/may/14...


Edited by 4x4Tyke on Thursday 5th April 10:16

anonymous-user

84 months

Thursday 5th April 2018
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Court case management powers can control vexatious or oppressive litigation by striking out bogus claims. See for example Grovit v Doctor [1997] UKHL 13.

anonymous-user

84 months

Thursday 5th April 2018
quotequote all
4x4Tyke said:
...

Given it is their own document it cannot be defamation and clearly in the public interest as evidence of criminal wrong doing. Undoubtedly they could buy a judgement in the US, using one of the corporate friendly counties.

...
Your opening post and the question above are not very clear. What document are you referring to?

Ace Face

17 posts

104 months

Thursday 5th April 2018
quotequote all
4x4Tyke said:
I get defamation, but SLAPP isn't about defamation, its purpose is silencing critics by suing them in bankrupting with legal costs not damages.

Defamation doesn't cover the situation below, which is what prompted the wondering. Given it is their own document it cannot be defamation and is clearly in the public interest as potential evidence of criminal wrong doing under election law. Undoubtedly they could 'buy' a judgement in the US, using one of the corporate friendly counties that import lawsuits.

But how would a UK court react?

https://www.theguardian.com/technology/2017/may/14...


Edited by 4x4Tyke on Thursday 5th April 10:16
a defamation claim is one of the most expensive to bring/defend, so it would be a common vehicle for this purpose. probably quite a good one tbh.

4x4Tyke

Original Poster:

6,506 posts

162 months

Thursday 5th April 2018
quotequote all
Breadvan72 said:
Your opening post and the question above are not very clear. What document are you referring to?
I've edited the post above to try and clarify the situation and my wondering. I didn't want Brexit to cloud the discussion and cause noise in my initial post. The document is mentioned in the third paragraph of the linked article.

theguardian said:
But the Observer has seen a confidential document that provides clear evidence of a link between the two campaigns. More precisely, evidence of a close working relationship between the two data analytics firms employed by the campaigns – AggregateIQ, which Vote Leave hired, and Cambridge Analytica, retained by Leave.EU.
This has resulted in legal threats over 'damages'.

https://twitter.com/carolecadwalla/status/86364319...



Edited by 4x4Tyke on Thursday 5th April 10:37

anonymous-user

84 months

Thursday 5th April 2018
quotequote all
So what? Those threats have not suppressed the story. If anything, the ill conceived letter from the lawyers only added fuel to the fire.

4x4Tyke

Original Poster:

6,506 posts

162 months

Thursday 5th April 2018
quotequote all
Breadvan72 said:
So what? Those threats have not suppressed the story. If anything, the ill conceived letter from the lawyers only added fuel to the fire.
Yes, but I was wondering about the general case, I'll do some reading on the vexatious litigation you suggest.

4x4Tyke

Original Poster:

6,506 posts

162 months

Thursday 5th April 2018
quotequote all
Ace Face said:
a defamation claim is one of the most expensive to bring/defend, so it would be a common vehicle for this purpose. probably quite a good one tbh.
Fair point, that is probably that implied threat highlighted by the tweet.