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Identification definition

What does Identification mean? In defamation (libel and slander), identification is the requirement to show that the publication would be understood to refer to the claimant. The claimant must prove that at least one recipient who knows them would reasonably take the words or images as “of and concerning” them—whether named explicitly or identifiable implicitly. Identification is a case law concept rather than a statutory definition, and is applied broadly consistently across England & Wales, Scotland, Northern Ireland and Ireland. It does not require naming: a description, photograph, online handle, job title, role, location, or other particulars may suffice, including “jigsaw” identification or an innuendo...

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s 172 Road Traffic Act 1988: Failure to Identify Driver—Duty, Procedure, Defences and Penalties (England and Wales)

Practice notes
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The offence of failing to identify driver

Registered keepers and motorists of vehicles are, under certain circumstances, required to provide information as to the driver of a vehicle, if so required. Section 172(2) of the Road Traffic Act 1988 (RTA 1988) creates an obligation on the registered keeper, and on any other person when asked, to give the name of the driver or supply information as to the identity of the driver, or provide information within their power to give that may lead to identifying the driver where a road traffic offence has allegedly been committed. It is a summary-only offence which is dealt with only in the magistrates’ court...

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Elliott Kenton
Elliott Kenton

Elliott Kenton is a Partner at Weightmans. His practice encompasses financial and regulatory crime and investigations principally concerning fraud, tax evasion, money laundering and health and safety offences. Elliott has acted for and represented corporates undertaking internal investigations following wrongdoing discovered in their business or where they have been victims of crime with a view of public/private prosecution. Elliott has acted for individuals and corporates investigated and prosecuted by a multitude of agencies including the CPS/HMRC/SFO/FCA/HSE/LA. In addition, Elliott acts for witnesses and other third parties who hold information of interest to law enforcement and are often recipients of orders of compulsion....

Web page updated on 21/05/2026

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