Free Speech, SLAPPs, and the Public Interest. Plus- Keir Departs

Last week two parallel Private Bills were introduced in the House of Commons and House of Lords by Baroness Stowell of Beeston and Sir John Whittingdale MP (https://bills.parliament.uk/bills/4163) with the aim of expanding the existing law to tackle so-called SLAPP litigation – Strategic Lawsuits Against Public Participation – defined by the Solicitors Regulation Authority as “a misuse of the legal system through bringing claims or threatening claims that are unmeritorious or characterised by abusive tactics in order to stifle lawful scrutiny and publication”.

To debate the justification for extending the existing law as set out in sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023 (currently limited solely to freedom of expression in relation to economic crime issues) Ken Macdonald KC and Tim Owen KC are joined by two media law Titans – Hugh Tomlinson KC and Gavin Millar KC – who have dramatically different views on the need for and practicality of anti-SLAPP laws.

Is it right, as the UK Anti-SLAPP Coalition argue, that the UK legal system tops the bill in terms of SLAPP suits (https://antislapp.uk/what-is-a-slapp/cases-in-focus/)?

Is the Stowell/Whittingdale Bill far too broad so as to enable fruitcakes, crackpots and loonies to seek the remedy of summary dismissal on the basis that what they are alleging, however absurd, is in the public interest?  Are the costs protections in favour of media defendants far too generous and bound to interfere with a claimant’s right of access to the Courts? Is it appropriate for such a fundamental legislative measure to be enacted as a Private Member’s Bill, or is this classically a job for the Law Commission to consider and propose a carefully thought through legislative amendment to existing law?

Finally, Ken and Tim reflect on the resignation of Keir Starmer and consider whether Andy Burnham is likely to ditch the deeply unpopular proposals for jury reform in the Courts and Tribunals Bill, possibly with a new Justice Secretary replacing David Lammy.

--

Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    ​

​

What hap