ABSTRACT
Strategic lawsuits against public participation (SLAPPs) are abusive lawsuits or threats of legal action that have the purpose or effect of undermining public participation in matters of public interest. Currently, Scotland does not have a dedicated anti-SLAPP law in place. However, the Scottish government has committed to holding a consultation on SLAPPs in autumn 2024. This article explores the rationale for the introduction of anti-SLAPP laws in Scotland, considers potential hurdles to legislative intervention, and articulates the key features of effective SLAPP interventions. In doing so, it analyses recent legal developments in Europe and examines the current state of Scots law with a view to providing some provisional recommendations on the content of an anti-SLAPP law for Scotland. It concludes that the adoption of anti-SLAPP defences in Scotland is necessary to enhance human rights protections in Scotland.
€ (Westlaw)
Francesca Farrington, Justin Borg-Barthet and Erin Ferguson, ‘Should Scotland SLAPP-back? A comment on the need for bespoke anti-SLAPP legislation in Scotland’, Juridical Review, 2024, 3, 159-178.
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