Session 2012 - 13
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Other Bills before Parliament

Defamation Bill


 
 

 

Defamation Bill

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

[The page and line references are to HL Bill 41, the bill as first printed for the Lords.]

After Clause 1

2

Insert the following new Clause—

 

“Non-natural persons

 

(1)    

This section apples to an action for defamation brought by—

 

(a)    

a body corporate;

 

(b)    

other non-natural legal persons trading for profit; or

 

(c)    

trade associations representing organisations trading for profit.

 

(2)    

The permission of the court must be obtained in order to bring an action to

 

which this section applies.

 

(3)    

The court must strike out an application under subsection (2) unless the

 

body corporate can show that the publication of the words or matters

 

complained of has caused, or is likely to cause, substantial financial loss to

 

the claimant.

 

(4)    

Non-natural persons performing a public function do not have an action in

 

defamation in relation to a statement concerning that function.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 2 for the following Reason—

2A

Because it is unnecessary and inappropriate for the Bill to make special provision

 

restricting the bringing of defamation claims by non-natural legal persons.

 

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

 

The Lords do not insist on their Amendment 2, but do propose Amendment 2B in lieu.

 
 
Bill 16555/2

 
 

2

 

Clause 1

2B

Page 1, line 4, at end insert—

 

“( )    

For the purposes of this section, harm to the reputation of a body that

 

trades for profit is not “serious harm” unless it has caused or is likely to

 

cause the body serious financial loss.”

 
 

 
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Revised 24 April 2013