Anti-SLAPP law may deter and prevent legitimate claims
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Partner Gideon Benaim comments on the likelihood of the Anti-SLAPP bill backfiring, and instead deterring and preventing legitimate claims including from ordinary people, in The Times.
"I totally agree that the Government should ‘stand up against big vested money interests’, which is why they shouldn’t be pressured by the media and their supporters into rushing in legislation that isn’t fit for purpose.
"Far from favouring ‘fair legal processes and democracy and ensuring that all people irrespective of their wealth get fairness from our legal system’, the Bill, which is supposedly to be amended to ‘strengthen’ it, does the very opposite. It will deter and prevent legitimate claims, including by ordinary people, and is unlikely to materially impact the very types of individuals it is purportedly intended to catch. It will add uncertainty, complexity, and costs to an already expensive process.
"The Ministry of Justice should be transparent about the evidence on which the rationale for the Bill is based, so that it can be properly assessed by the Law Commission. If there is to be a change to the law it should come only after very careful consideration and due process by the Commission. Otherwise it risks illegitimately hindering access to justice."
Gideon's comments were published in The Times, 18 April 2024, and can be found here.
