Defamation Bill

Debate between Lord Ahmad of Wimbledon and Lord Black of Brentwood

Tuesday 5th February 2013 Lords Chamber

[Lord Ahmad of Wimbledon]

I start by thanking my noble friend for tabling the amendment, and the noble Lord, Lord Browne, for his timely intervention. Amendment 21 would provide that a court may order a defendant to publish a summary of the court’s judgment only where it has given a final judgment for the claimant in an action for such a defamation. The aim of this amendment appears to be to prevent the court ordering the publication of a summary of its judgment while there remains the possibility of the defendant appealing the ruling. As the noble Lord, Lord Browne, has already said, I can assure my noble friend that this amendment is not necessary. As is the case in any other civil proceedings, a party seeking to appeal a decision may apply under Part 52.7 of the Civil Procedure Rules to have an order or decision of the lower court stayed. In considering whether to grant a stay, the court will be required to consider all the circumstances of the case, including whether it would create an injustice to enforce the terms of the judgment while an appeal is outstanding. We therefore see no basis for treating an order under Clause 12 any differently. I hope that with that reassurance and the comments made by the noble Lord, Lord Browne, my noble friend will see fit to withdraw his amendment.

[Lord Black of Brentwood]

My Lords, I am very grateful for the opportunity to raise the point, and for the assurances from my noble friend. I beg leave to withdraw the amendment.