Tort of defamation meaning

Wright v Granath [2020] EWHC 51 (QB) What are the practical implications of this case? This matter concerns the operation of the lis pendens (‘related actions’) rule in Article 27 of the 2007 Lugano Convention, and, in particular, the proper criterion for assessing whether a libel claim issued in England and Wales involved the same cause of action as Norwegian proceedings seeking a declaration that the defendant to the libel claim was not liable to pay damages in respect of the publication impugned in the English suit. The court recognised that this was a novel point regarding the application of lis pendens to defamation. Most authority in this sphere deals with contractual disputes, and the claimant maintained it had no application here because of the parties’ ‘asymmetrical’ positions in a tort claim (addressed further below). Confirming that the lis pendens doctrine is not confined to contractual contexts, the court held that the correct approach is to ask whether there exists a significant or substantial degree of commonality or...

Proposals by MPs to introduce a new form of 'personality right' in UK law Plans by MPs to create a new ‘personality right’ in UK law intended to shield performers and public figures from AI-generated fake material may add little to what home-grown rules already provide at present, according to commentators. Hayley Brady, a partner at Herbert Smith Freehills LLP, observed that bolting image protections into the UK IP framework might not significantly extend coverage much beyond defamation and tort; yet, if it did, it would represent a marked shift towards protecting individuals. In early May 2024, a cross-party set of MPs and peers issued a report urging Parliament to enact a swathe of new laws designed to rein in artificial intelligence, prioritising the protection of creative workers from generative AI programmes. Among the recommendations was a call for government to establish a ‘personality right’ explicitly guarding an artist’s voice, image, name and likeness against misappropriation and false endorsement. Currently, individuals can seek redress under...

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Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

This Practice Note addresses the key practical steps that arise when pursuing a defamation claim, such as: pinpointing a defamatory statement; deciding whether it amounts to libel or slander; and evaluating the overall suitability of interim relief. It thoroughly reviews the effect of the Defamation Act 2013 (DA 2013) on both claimants and defendants, and sets out practical tactics for the procedural conduct of a defamation case. Defamation Act 2013 Before DA 2013 came into force, defamation proceedings had a reputation for technicality and disproportionate cost, chiefly because arguments centred on the meaning of the impugned words. The government, reacting to a wave of negative media commentary that English defamation law unduly favoured claimants, enacted DA 2013. The Act brought in a suite of reforms, making defamation a tort grounded equally in common law and statute, and, through codification, abolishing several common law defences. Further reading You may wish to consult Duncan and Neill on Defamation (sixth edition, 2025), available subject to subscription. Was the...

This Practice Note explores key risks arising from a brand’s use of social media and user-generated content (UGC). It focuses in particular on the risk of infringing third-party rights, including intellectual property (IP). It also offers practical guidance to help those engaging with UGC reduce these risks. Social media Social media is a hugely popular way to communicate online. Driven by participation and interaction, it appears in many formats, including: online social and professional networking (eg Facebook, LinkedIn, Snapchat, Instagram) online blogs (eg Twitter (now X), Blogger.com) online forums (eg Mumsnet, Reddit) online shops and auctions (eg eBay, Amazon) online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) online reference texts (eg Wikipedia) online games and applications (eg World of Warcraft) User-generated content More and more, businesses invite consumers to add material to social platforms and weave these contributions into customer-facing advertising and marketing initiatives. This may involve contributions to a brand’s page on,...

The issue here is between ‘a claim for personal injuries’, and ‘a claim in negligence or in battery’ This distinction confuses the category of harm (and the relief for it) with the juridical basis of liability. ‘Personal injury’ is not a tort at all—it is a type of harm flowing from a tort, which in turn generates a legal entitlement to redress. It must be differentiated from other forms of physical harm—for example, loss to property—and from other tortious invasions of personal rights (for instance, the reputational harm occasioned by the tort of defamation). The former labels damage; the latter names the actionable wrong...