Defamation cases should be mediated, and if they are not, they should be the subject of an early neutral evaluation by a High Court Judge, say Index on Censorship and English PEN in their report on defamation procedure.
Funded by the Nuffield Foundation, the Alternative Libel Project’s first report published on 6 October also recommends that:
• judges must use stricter case management;
• litigants should be able to make a stand alone application to determine the meaning of the allegations in question; and
• a costs regime must be introduced to redress the inequality of arms between the parties.
John Kampfner, Chief Executive of Index on Censorship said:
Defamation procedure needs to change so the balance between freedom of expression and reputation is not affected by the relative resources of litigants but by the strength of their claims. The recommendations we have made will not only result in many more cases being resolved very early on, they will ensure that those cases that do go to trial in the High Court are dealt with more efficiently.
The report is a preliminary one and Index on Censorship and English PEN are inviting views on their proposals before the 18 November. To comment, please e-mail Helen Anthony at helen[@]englishpen.org.
The Alternative Libel Project Preliminary Report October 2011
