January 11, 2018
New defamation textbook publications
Gatley 2nd Supplement and 22nd Edition of Clerk & Lindsell on Torts
December 2017 saw two new publications of textbooks for defamation practitioners:
The 2nd Supplement to the 12th Edition of Gatley on Libel and Slander
The Second Supplement includes full updates on all developments in defamation case law, both substantive and procedural, including analysis of the effect on English law and practice of the Defamation Act 2013, and in particular:
- Discussion of the impact of the Court of Appeal’s highly important decision in Lachaux v Independent Print Ltd  EWCA Civ 1334,  EMLR 1 on the construction of s.1 Defamation Act 2013
- Consideration of recent authorities on liability for third party content (Google Inc v Trkulja  VSCA 333, Delfi v Estonia (2016) 26 EHRR 6, MTE and Index.hu Zrt v Hungary Application no.22947/13 and Tamiz v UK Application no. 3877/14)
- Analysis of authorities interpreting Defamation Act 2013
- Comprehensive guidance for practitioners of the effect of the demise of jury trial in defamation, and its impact on preliminary determination of issues, including questions of meaning and serious harm
- In misuse of private information, discussion of Weller v Associated Newspapers Ltd  EWCA Civ 1176;  1 WLR 1541, PJS v Times Newspapers Ltd  UKSC 26;  AC 1081, which considers the concept of public domain and raises important questions about the interests protected by the tort, and Khuja v Times Newspapers Ltd  UKSC 49;  3 WLR 351, which concerns the balance to be struck between the article 8 rights of those arrested but not charged and the public interests in open justice and free speech, and where there are interesting observations on the overlap between defamation and misuse of private information
- Discussion of ambit of Protection from Harassment Act 1997 in media publication cases
Clerk & Lindsell on Torts, 22nd Edition
Clerk & Lindsell is the definitive work and market leader in this area of law; it offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law. An essential reference tool, Clerk & Lindsell is widely referred to by practitioners and cited the judiciary.
The new edition brings the work completely up-to-date with the changes in the law since the last edition in 2014, including those arising from the Defamation Act 2013 and the developments in all of the key case law, including relevant decisions from the Supreme Court and Court of Appeal.
The Defamation chapter covers developments in the law since the previous edition. In particular the case law following the coming into force of the Defamation Act 2013, including the Court of Appeal’s decision in Lachaux v Independent Print Ltd  EWCA Civ 1334,  EMLR 1.
5RB‘s Felicity McMahon is co-editor of the Defamation chapter of Clerk & Lindsell.