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: financial harm

 

(1)    

This section applies to an action for defamation if the claimant (or any of

 

the claimants) is anything other than—

 

(a)    

an individual,

 

(b)    

a registered charity,

 

(c)    

an organisation which is run for the benefit of its members and does

 

not aim to make profits, or

 

(d)    

an organisation within a class specified for the purposes of this

 

paragraph by order of the Lord Chancellor.

 

(2)    

An action to which this section applies must be dismissed unless the

 

claimant shows that the matters complained of have caused or are likely to

 

cause the claimant substantial financial loss.

 

(3)    

An order under subsection (1)(d)—

 

(a)    

shall be made by statutory instrument,

 

(b)    

shall not be made unless a draft has been laid before and approved

 

by resolution of each House of Parliament, and

 

(c)    

may include incidental and transitional provision.”

 
 

 


 
 

2

 

After Clause 1

Insert the following new Clause—

 

“Non-natural persons: permission of the court

 

(1)    

This section applies to an action for defamation if the claimant (or any of

 

the claimants) is anything other than—

 

(a)    

an individual,

 

(b)    

a registered charity,

 

(c)    

an organisation which is run for the benefit of its members and does

 

not aim to make profits, or

 

(d)    

an organisation within a class specified for the purposes of this

 

paragraph by order of the Lord Chancellor.

 

(2)    

An action to which this section applies may not be brought without the

 

permission of the court; and permission must be granted if (but only if) the

 

prospective claimant shows that the matters complained of have caused or

 

are likely to cause the claimant substantial financial loss.

 

(3)    

If the Lord Chancellor is satisfied that changes to the Civil Procedure Rules

 

allowing for early resolution have made subsection (2) unnecessary, the

 

Lord Chancellor may suspend or repeal this section by order.

 

(4)    

An order under subsection (1)(d) or (3)—

 

(a)    

shall be made by statutory instrument,

 

(b)    

shall not be made unless a draft has been laid before and approved

 

by resolution of each House of Parliament, and

 

(c)    

may include incidental and transitional provision.”

After Clause 1

Insert the following new Clause—

 

“Non-natural persons performing a public function (No. 2)

 

An action for defamation may not be brought by a public authority (within

 

the meaning of section 6(3) of the Human Rights Act 1998) in respect of an

 

allegedly defamatory statement about their performance (or non-

 

performance) of public functions.”

 
 

 


 
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