Cases

SD Marine Ltd v Powell

Comment

The offer of amends regime provides a manner by which defamation proceedings can be compromised without the need for trial. Agreement is necessary to enter into the regime. Here, applying ordinary contractual principles, there had been no offer and acceptance. The judgment makes clear that accepting the falsity of the words complained of, and offering to pay the claimant's reasonable costs, are essential features of an offer of amends. The claim was ordered to continue as if it had not been issued under Part 8, with a stay for mediation or settlement negotiations.

Areas of work

Defamation
Media Law

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