SLAPPs

Justice, someone once said, is open to all, “like the Ritz”. But it's not just in getting into court where money counts. Some are worried that those with very significant resources can use litigation as a strategy to silence accusers and, in doing so, protect their reputation. Faced with such an opponent and the corresponding financial risk, the accuser is left with no alternative but to back down. For that reason, some people welcome rules combatting Strategic Lawsuits Against Public Participation, or SLAPPs, which are now found on the statute book. But whether or not anti-SLAPP rules are on balance a good thing, and if so, their proper contours, remains the subject of vigorous debate. On this episode of Cross Examination, Tom is joined by: Dan Neidle, tax lawyer, journalist and commentator. Dan was subject to SLAPP litigation after his investigation into a fellow lawyer’s involvement in a tax avoidance scheme. Matthew Gill, defamation lawyer at Good Law Project, a not-for-profit that seeks to defend human rights and fight for equality through strategic litigation. Matt frequently represents activists and journalists who face legal claims after speaking out on issues of public interest. Iain Wilson, vice chair of the Society of Media Lawyers and the managing partner of Brett Wilson, a central London firm specialising in defamation and privacy law, as well as regulatory defence. His firm acts for claimants and defendants, both in litigation and pre-publication matters. Cross Examination is written and presented by Tom Cross KC, and produced by Alex Rees. https://www.crossexamination.co.uk/