Contents
Limitation
5Limitation of actions: England and Wales.#
(1)The noteLimitation Act 1980 is amended as follows.
(2)For section 4A (time limit for action for libel or slander) substitute—“4A The time limit under section 2 of this Act shall not apply to an action for—a libel or slander, orb slander of title, slander of goods or other malicious falsehood,but no such action shall be brought after the expiration of one year from the date on which the cause of action accrued.”
(3)In section 28 (extension of limitation period in case of disability), for subsection (4A) substitute—“4A If the action is one to which section 4A of this Act applies, subsection (1) above shall have effect—a in the case of an action for libel or slander, as if for the words from “at any time” to “occurred)” there were substituted the words “by him at any time before the expiration of one year from the date on which he ceased to be under a disability”; andb in the case of an action for slander of title, slander of goods or other malicious falsehood, as if for the words “six years” there were substituted the words “one year”.”
(4)For section 32A substitute—“32A 1 If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—a the operation of section 4A of this Act prejudices the plaintiff or any person whom he represents, andb any decision of the court under this subsection would prejudice the defendant or any person whom he represents,the court may direct that that section shall not apply to the action or shall not apply to any specified cause of action to which the action relates.2 In acting under this section the court shall have regard to all the circumstances of the case and in particular to—a the length of, and the reasons for, the delay on the part of the plaintiff;b where the reason or one of the reasons for the delay was that all or any of the facts relevant to the cause of action did not become known to the plaintiff until after the end of the period mentioned in section 4A—i the date on which any such facts did become known to him, andii the extent to which he acted promptly and reasonably once he knew whether or not the facts in question might be capable of giving rise to an action; andc the extent to which, having regard to the delay, relevant evidence is likely—i to be unavailable, orii to be less cogent than if the action had been brought within the period mentioned in section 4A.3 In the case of an action for slander of title, slander of goods or other malicious falsehood brought by a personal representative—a the references in subsection (2) above to the plaintiff shall be construed as including the deceased person to whom the cause of action accrued and any previous personal representative of that person; andb nothing in section 28(3) of this Act shall be construed as affecting the court’s discretion under this section.4 In this section “the court” means the court in which the action has been brought.”
(5)In section 36(1) (expiry of time limit no bar to equitable relief), for paragraph (aa) substitute—“aa the time limit under section 4A for actions for libel or slander, or for slander of title, slander of goods or other malicious falsehood;”
(6)The amendments made by this section apply only to causes of action arising after the section comes into force.
6Limitation of actions: Northern Ireland.#
(1)The noteLimitation (Northern Ireland) Order 1989 is amended as follows.
(2)In Article 6 (time limit: certain actions founded on tort) for paragraph (2) substitute—“2 Subject to Article 51, an action for damages for—a libel or slander; orb slander of title, slander of goods or other malicious falsehood,may not be brought after the expiration of one year from the date on which the cause of action accrued.”
(3)In Article 48 (extension of time limit), for paragraph (7) substitute—“7 Where the action is one to which Article 6(2) applies, paragraph (1) has effect—a in the case of an action for libel and slander, as if for the words from “at any time” to “occurred” there were substituted the words “by him at any time before the expiration of one year from the date on which he ceased to be under a disability”; andb in the case of an action for slander of title, slander of goods or other malicious falsehood, as if for the words “six years” there were substituted the words “one year”.”
(4)For Article 51 substitute—“51 1 If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—a the provisions of Article 6(2) prejudice the plaintiff or any person whom he represents; andb any decision of the court under this paragraph would prejudice the defendant or any person whom he represents,the court may direct that those provisions are not to apply to the action, or are not to apply to any specified cause of action to which the action relates.2 In acting under this Article the court is to have regard to all the circumstances of the case and in particular to—a the length of, and the reasons for, the delay on the part of the plaintiff;b in a case where the reason, or one of the reasons, for the delay was that all or any of the facts relevant to the cause of action did not become known to the plaintiff until after the expiration of the period mentioned in Article 6(2)—i the date on which any such facts did become known to him, andii the extent to which he acted promptly and reasonably once he knew whether or not the facts in question might be capable of giving rise to an action; andc the extent to which, having regard to the delay, relevant evidence is likely—i to be unavailable, orii to be less cogent than if the action had been brought within the time allowed by Article 6(2).3 In the case of an action for slander of title, slander of goods or other malicious falsehood brought by a personal representative—a the references in paragraph (2) to the plaintiff shall be construed as including the deceased person to whom the cause of action accrued and any previous personal representative of that person; andb nothing in Article 48(3) shall be construed as affecting the court’s discretion under this Article.4 In this Article “the court” means the court in which the action has been brought.”
(5)The amendments made by this section apply only to causes of action arising after the section comes into force.
Evidence concerning proceedings in Parliament
Evidence of convictions
12Evidence of convictions.#
(1)In section 13 of the noteCivil Evidence Act 1968 (conclusiveness of convictions for purposes of defamation actions), in subsections (1) and (2) for “a person” substitute “ the plaintiff ” and for “that person” substitute “ he ”; and after subsection (2) insert—“2A In the case of an action for libel or slander in which there is more than one plaintiff—a the references in subsections (1) and (2) above to the plaintiff shall be construed as references to any of the plaintiffs, andb proof that any of the plaintiffs stands convicted of an offence shall be conclusive evidence that he committed that offence so far as that fact is relevant to any issue arising in relation to his cause of action or that of any other plaintiff.”
(2)In section 12 of the noteLaw Reform (Miscellaneous Provisions) (Scotland) Act 1968 (conclusiveness of convictions for purposes of defamation actions), in subsections (1) and (2) for “a person” substitute “ the pursuer ” and for “that person” substitute “ he ”; and after subsection (2) insert—“2A In the case of an action for defamation in which there is more than one pursuer—a the references in subsections (1) and (2) above to the pursuer shall be construed as references to any of the pursuers, andb proof that any of the pursuers stands convicted of an offence shall be conclusive evidence that he committed that offence so far as that fact is relevant to any issue arising in relation to his cause of action or that of any other pursuer.”
(3)In section 9 of the noteCivil Evidence Act (Northern Ireland) 1971 (conclusiveness of convictions for purposes of defamation actions), in subsections (1) and (2) for “a person” substitute “ the plaintiff ” and for “that person” substitute “ he ”; and after subsection (2) insert—“2A In the case of an action for libel or slander in which there is more than one plaintiff—a the references in subsections (1) and (2) to the plaintiff shall be construed as references to any of the plaintiffs, andb proof that any of the plaintiffs stands convicted of an offence shall be conclusive evidence that he committed that offence so far as that fact is relevant to any issue arising in relation to his cause of action or that of any other plaintiff.”
General provisions
18Extent.#
(1)The following provisions of this Act extend to England and Wales—
(2)The following provisions of this Act extend to Scotland—
(3)The following provisions of this Act extend to Northern Ireland—
19Commencement.#
(1)Sections 18 to 20 (extent, commencement and other general provisions) come into force on Royal Assent.
(2)The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—
(3)The provisions of this Act otherwise come into force on such day as may be appointed—
(a)for England and Wales or Northern Ireland, by order of the Lord Chancellor, or
(b)for Scotland, by order of the Secretary of State,
and different days may be appointed for different purposes.
(4)Any such order shall be made by statutory instrument and may contain such transitional provisions as appear to the Lord Chancellor or Secretary of State to be appropriate.
Offer to make amends
2Offer to make amends.#
(1)
(2)
(3)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
3Accepting an offer to make amends.#
(1)
(2)
(3)
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
(8)
(a)
(b)
(9)Where a person making a surrender under regulation D14—
(a)
(b)
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
Responsibility for publication
1Responsibility for publication.#
(1)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(2)The default rate for the purposes of Article 14(5)(b) of the Order shall be—• £30 where there is one qualifying child of the non-resident parent;• £40 where there are two qualifying children of the non-resident parent;• £50 where there are three or more qualifying children of the non-resident parent,
(3)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(6)
Statutory privilege
Summary disposal of claim
8Summary disposal of claim.#
(1)In defamation proceedings the court may dispose summarily of the plaintiff’s claim in accordance with the following provisions.
(3)The court may give judgment for the plaintiff and grant him summary relief (see section 9) if it appears to the court that there is no defence to the claim which has a realistic prospect of success, and that there is no other reason why the claim should be tried.
(4)In considering whether a claim should be tried the court shall have regard to—
(a)whether all the persons who are or might be defendants in respect of the publication complained of are before the court;
(b)whether summary disposal of the claim against another defendant would be inappropriate;
(c)the extent to which there is a conflict of evidence;
(d)the seriousness of the alleged wrong (as regards the content of the statement and the extent of publication); and
(e)whether it is justifiable in the circumstances to proceed to a full trial.
(5)Proceedings under this section shall be heard and determined without a jury.
9Meaning of summary relief.#
(1)For the purposes of section 8 (summary disposal of claim) “summary relief” means such of the following as may be appropriate—
(a)a declaration that the statement was false and defamatory of the plaintiff;
(b)an order that the defendant publish or cause to be published a suitable correction and apology;
(c)damages not exceeding £10,000 or such other amount as may be prescribed by order of the Lord Chancellor;
(d)an order restraining the defendant from publishing or further publishing the matter complained of.
(2)The content of any correction and apology, and the time, manner, form and place of publication, shall be for the parties to agree.
(2A)The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales.
(2B)The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.
(2C)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(2D)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).
(3)Subject to subsection (4) Any order under subsection (1)(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any order made by the Department of Justice in Northern Ireland under subsection (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
10Summary disposal: rules of court.#
(1)Provision may be made by rules of court as to the summary disposal of the plaintiff’s claim in defamation proceedings.
(2)Without prejudice to the generality of that power, provision may be made—
(a)authorising a party to apply for summary disposal at any stage of the proceedings;
(b)authorising the court at any stage of the proceedings—
(i)to treat any application, pleading or other step in the proceedings as an application for summary disposal, or
(ii)to make an order for summary disposal without any such application;
(c)as to the time for serving pleadings or taking any other step in the proceedings in a case where there are proceedings for summary disposal;
(d)requiring the parties to identify any question of law or construction which the court is to be asked to determine in the proceedings;
(e)as to the nature of any hearing on the question of summary disposal, and in particular—
(i)authorising the court to order affidavits or witness statements to be prepared for use as evidence at the hearing, and
(ii)requiring the leave of the court for the calling of oral evidence, or the introduction of new evidence, at the hearing;
(f)authorising the court to require a defendant to elect, at or before the hearing, whether or not to make an offer to make amends under section 2.
Supplementary provisions
17Interpretation.#
(1)In this Act—• “publication” and “publish”, in relation to a statement, have the meaning they have for the purposes of the law of defamation generally, but “publisher” is specially defined for the purposes of section 1;• “statement” means words, pictures, visual images, gestures or any other method of signifying meaning; and• “statutory provision” means—(a) a provision contained in an Act or in subordinate legislation within the meaning of the noteInterpretation Act 1978
(aa)a provision contained in an Act of the Scottish Parliament or in an instrument made under such an Act,,or
(b)a statutory provision within the meaning given by section 1(f) of the noteInterpretation Act (Northern Ireland) 1954.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The meaning of a statement
Schedule 1 · Qualified privilege
Part I · Statements having qualified privilege without explanation or contradiction
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Part II · Statements privileged subject to explanation or contradiction
(9)
(1)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(2)
(11)
(1)
(a)
(aa)regulation 27(5);
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.
(1A)In this paragraph and paragraph 8, a person’s “gross earnings” are his taxable profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.
(2)
(3)
(11A)
(12)
(1)
(2)
(13)
(1)
(2)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(3)
(4)
(a)
(b)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(14)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(14A)
(a)
(b)
(15)
(1)
(a)
(b)
(2)
(3)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
Part III · Supplementary provisions
(16)
(2)
(3)
(a)
(b)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
(d)
(4)
(17)
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(4)
(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.
Schedule 2 · Repeals
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