Summary relief under Defamation Act

December 31 , 2010
December 31 , 2010

Summary relief under Defamation Act

Summary relief under the Defamation Act means the following as may be appropriate:

(a) under the Defamation Act a declaration might be ordered stating that the defamatory statement was false and defamatory of the plaintiff;

(b) An order could also be obtained under the Defamation Act to order the defendant publish or cause to be published a suitable correction and apology;

(c) Damages not exceeding £10,000 or such other amount may also be awarded by order of the Lord Chancellor under the Defamation Act;

(d) Restraining order could be obtained under the Defamation Act preventing the defendant from publishing or further publishing the matter complained of.

(2) The parties shall agree to the content of any correction and apology, time, manner, form and place of publication.

If the parties can not agree to the above, the court may give directions to the defendant to publish or cause to be published a summary of the court’s judgment agreed by the parties or settled by the court in accordance with rules of court.

Also if they cannot agree on the time, manner, form or place of publication, the court may direct the defendant to take such reasonable and practicable steps as the court considers appropriate.

(3) under the Defamation Act, 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.

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