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Fair comment meaning

What does Fair comment mean?
In practice, “fair comment” describes the defamation defence protecting opinions (such as reviews or editorials) that are recognisable as comment, based on indicated facts, and honestly held. The term is an older common-law label and is now largely superseded by the statutory defence of honest opinion: England and Wales (Defamation Act 2013), Scotland (Defamation and Malicious Publication (Scotland) Act 2021) and Northern Ireland (Defamation Act (Northern Ireland) 2022). Ireland likewise provides a statutory defence of honest opinion under the Defamation Act 2009. The expression “fair comment” is still used informally. Key features (from the common law and reflected in modern statutes) are that: - the statement must be opinion rather than fact; - the basis of the opinion must be indicated and consist of true or privileged facts available at the time; and - the opinion must be one an honest person could have held on those facts. Malice defeats the defence. Historically, “fair comment” also emphasised opinion on matters of public interest; modern statutory tests focus on opinion and its factual basis. Usage and effect are now broadly consistent across the UK and Ireland.
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NEWS
Property weekly briefing: estoppel, constructive trusts, adverse possession and Electronic Communications Code cases; commonhold/leasehold, section 106 and EPC reforms; business rates rulings; Wales and Scotland updates—5 February 2026

In this issue: Key developments and horizon scanning Transferring property Leasing property Property management Residential property Environment, energy and buildings Easements, rights and covenants Property development Property taxes Property in Wales Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Key developments and horizon scanning BPF and Law Commission comment on draft Commonhold and Leasehold Reform Bill The British Property Federation (BPF) has issued its views on the draft Commonhold and Leasehold Reform Bill, warning that proposed caps on ground rents could undermine investments held by pension funds and institutional investors. It said investors who acted in good faith to meet pension liabilities should be compensated, and noted that government announcements do not address this point. While it supports parts of the commonhold package, including adjustments to funding for major works,...

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NEWS
SMBC settles English High Court insurance dispute with AXA XL over Russia‑held aircraft, part of £334m claim; related rulings favour war‑risks cover

SMBC has settled its claims with AXA XL, bringing an end to the lessor's claim against the insurer, according to a High Court order dated 10 November 2025. The settlement terms have not been disclosed. On 14 November 2025, AXA XL and SMBC’s representatives did not promptly reply to any requests for public comment. In March 2024, Judge Andrew Henshaw rejected an application to pause 78 connected actions by aircraft lessors so they could proceed in Moscow. Those claims, initially estimated at roughly US$13.5bn, had been reduced to about US$9.7bn following earlier settlements at the point of that ruling. The court declined a stay amid worries that the claimants were unlikely to receive a fair hearing in Russia. The lessors are pursuing insurers, among them Allianz, AXA and Liberty Mutual, over aircraft remaining in Russia after Vladimir Putin’s invasion of Ukraine. The Kremlin...

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NEWS
Employment law update: recruitment dishonesty dismissal, gender-critical posts discrimination, ICO employment records guidance, CPR interim remedies overhaul, TUPE to Civil Nuclear Police Authority, illegal working crackdown, 13 February 2025

In this issue: Recruitment Protected characteristics Data protection and employee information Business reorganisation Confidentiality, duties and restrictions: enforcement Immigration IRLR Highlights—March 2025 Dates for your diary Trackers Employment resources on Lexis+® Daily and weekly news alerts Recruitment Employee fairly dismissed for failing to disclose previous gross misconduct dismissal on application form employment history In Easton v Secretary of State for the Home Department (Border Force) [2025] EAT 15, the claimant applied for a position with the respondent. The application’s free-text ‘Employment History’ field listed only years, masking a three-month gap that followed his gross misconduct dismissal from another Home Office role. He did not disclose either the gap or the dismissal at interview. After he began work, the respondent discovered the prior dismissal and initiated a disciplinary investigation. It concluded he had been deliberately misleading by omitting pertinent details from his application. He was dismissed for gross misconduct. The employment tribunal dismissed...

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PRACTICE NOTES
Isle of Man merger control under the Competition Act 2021: scope, decisive influence test, joint ventures, notification thresholds pending, mandatory suspensory filing, review timelines, penalties, and sectoral approvals

Note—to check whether notification thresholds in the Isle of Man and worldwide are satisfied, consult: Where to Notify. 1. Have there been recent developments regarding the regime? What are the main points of interest and are any further updates/developments expected? Are there any other ‘hot’ merger control issues in the Isle of Man? The Competition Act 2021 (Act 2021) established, for the first time, a merger control framework within Isle of Man law. Although the Act 2021 is now in force, drafts of several significant items of secondary legislation under it—covering matters such as the notification thresholds—were rejected by the local legislature in January 2025; accordingly, the thresholds for notification remain unknown. Under the Transfer of Competition Functions (OFT to CURA) Order 2025, responsibility for enforcing the Act 2021—including merger control—shifted in the spring of 2025 from the Office of Fair Trading to the Communications and Utilities Regulatory Authority (CURA). The precise criteria for notification have therefore not yet been confirmed. This transfer includes merger control...

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PRACTICE NOTES
Barbados merger control: thresholds, notification and standstill, control via material influence, joint ventures, foreign-to-foreign effects, filing requirements, review timelines, penalties and other regulatory stakeholders

Note To determine whether notification thresholds in Barbados and worldwide are satisfied, please consult: Where to Notify. 1. Have there been any recent developments regarding the Barbadian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Barbados? There is a continuing upswing in acquisitions across the commercial arena, leading to more merger notifications being submitted to the Barbados Fair Trading Commission (the Commission). No recent legislative changes have altered the merger control framework. The Commission remains vigilant about this trend and monitors deals within their relevant markets. While the Commission has authorised mergers in multiple sectors, it has not approved all transactions. Notably, it rejected the proposed acquisition of ice-cream producer BICO Ltd. by Trinidad & Tobago-based HADCO Ltd., acting through its Barbados subsidiary, on the basis that the transaction would substantially lessen competition (not reported by LexisNexis®). 2. Under Barbadian merger control law, is the control test the same as the EU concept...

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PRACTICE NOTES
Japan merger control under the Antimonopoly Act: thresholds, filing and timelines, minority stakes/JVs, effects doctrine, and updated JFTC guidance for digital and green deals

Note — to determine whether notification thresholds in Japan and worldwide are satisfied, refer to Where to Notify. 1. Have there been any recent developments regarding the Japanese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Japan? On 17 December 2019, the Japan Fair Trade Commission (JFTC) issued the Revised Guidelines to Application of the Antimonopoly Act Concerning Review of Business Combination (Revised Antimonopoly Guidelines 2019), together with the Revised Policies Concerning Procedures of Review of Business Combination (Revised Antimonopoly Policies 2019)...

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