Session 2012 - 13
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Defamation Bill

Motion to be Moved

on Consideration of Commons reasonS

After Clause 1

LORDS AMENDMENT NO. 2

Baroness Hayter of Kentish Town to move, That this House do not insist on

 

its Amendment 2 to which the Commons have disagreed, but do propose the

 

following amendments in lieu thereof—

After Clause 1

Insert the following new Clause—

 

“Non-natural persons

 

Non-natural legal persons trading for profit, or trade associations

 

representing organisations trading for profit, do not have an action in

 

defamation unless the claimant 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.”

After Clause 1

Insert the following new Clause—

 

“Non-natural persons (No. 2)

 

The court must strike out an application for defamation brought by non-

 

natural legal persons trading for profit, or trade associations representing

 

organisations trading for profit, unless the claimant 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.”

 
 

 


 
 

2

 

After Clause 1

Insert the following new Clause—

 

“Non-natural persons (No. 3)

 

(1)    

This section applies to an action for defamation brought by a non-natural

 

legal person trading for profit, or 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 for defamation under subsection

 

(2) unless the claimant 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.”

After Clause 1

Insert the following new Clause—

 

“Non-natural persons performing a public function

 

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

 

defamation in relation to a statement concerning that function.”

 
 

 


 
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