ABSTRACT
This study investigates the operation of the serious harm test in England & Wales following the UK Supreme Court’s decision in Lachaux v Independent Print. From an examination of 85 subsequent cases, we identify six key lessons from the case law. We contend that as the intricacies of the serious harm test continue to unfold, Lachaux constitutes the beginning and not the end of the test’s judicial development. Further, the serious harm test has been forged into a substantial addition to the law of defamation, perhaps in ways not immediately appreciated by its policy advocates. This study provides guidance on the potential operation of the test in England and Wales and beyond. Last, we demonstrate that questions of serious harm often go to full trial rendering it somewhat ineffective as an anti-SLAPP mechanism.
Stephen Bogle and Bobby Lindsay, Serious harm: six lessons since Lachaux, Journal of Media Law. Published online: 15 November 2024.
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