*/
Privacy
Amid criticisms of hijacking the Defamation Bill, the House of Lords has voted in favour of adding a last-minute “Leveson clause”, with 272 voting for, and 141 against.
The amendment to the Defamation Bill, for a Leveson-style low-cost arbitration service, was put forward by Lord Puttnam at report stage: “Lord Justice Leveson has already proposed a ready-made and carefully considered solution,” Puttnam said. “The advantage of our simple amendments is that they closely follow those recommendations…They also have the merit of showing that the arbitration service proposed by Lord Justice Leveson can be put into effect in a remarkably simple and straightforward manner.”
Speaking against attaching the amendment to a defamation Bill, was Lord Lester of Herne Hill, who also warned that the scheme would result in complex legal disputes: “The scheme envisaged by these amendments is inquisitorial and not adversarial. It is not a voluntary scheme because of the threat of exemplary damages for failure to use a recognised arbitration service. The arbitrator does not satisfy the requirements of judicial process by an independent court or tribunal established by law. The arbitrator can dispense with hearings in his or her discretion. There is no right of appeal to an independent court or tribunal and the process is free for complainants but to be paid for by the press. In my view, such a scheme would be incompatible with Articles 6 and 10 of the convention.”
The third reading – a final chance to amend the Bill – was scheduled to take place on 25 February. The amendment will then be considered by the Commons.
The amendment to the Defamation Bill, for a Leveson-style low-cost arbitration service, was put forward by Lord Puttnam at report stage: “Lord Justice Leveson has already proposed a ready-made and carefully considered solution,” Puttnam said. “The advantage of our simple amendments is that they closely follow those recommendations…They also have the merit of showing that the arbitration service proposed by Lord Justice Leveson can be put into effect in a remarkably simple and straightforward manner.”
Speaking against attaching the amendment to a defamation Bill, was Lord Lester of Herne Hill, who also warned that the scheme would result in complex legal disputes: “The scheme envisaged by these amendments is inquisitorial and not adversarial. It is not a voluntary scheme because of the threat of exemplary damages for failure to use a recognised arbitration service. The arbitrator does not satisfy the requirements of judicial process by an independent court or tribunal established by law. The arbitrator can dispense with hearings in his or her discretion. There is no right of appeal to an independent court or tribunal and the process is free for complainants but to be paid for by the press. In my view, such a scheme would be incompatible with Articles 6 and 10 of the convention.”
The third reading – a final chance to amend the Bill – was scheduled to take place on 25 February. The amendment will then be considered by the Commons.
Privacy
Amid criticisms of hijacking the Defamation Bill, the House of Lords has voted in favour of adding a last-minute “Leveson clause”, with 272 voting for, and 141 against.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts