§ Lord Campbell of Allowayasked Her Majesty's Government:
What they will do to reduce the cost and complexity of defamation proceedings.
§ The Lord Chancellor (Lord Mackay of Clashfern)In December 1992, I announced my intention to introduce a number of reforms which I believe will be of great assistance to parties seeking speedy and economic disposals of defamation claims, and the reforms which could be achieved by amending rules of court have already been implemented. Also, we have made considerable progress in developing a precise framework for the further reforms foreshadowed in that statement and on which I intend to introduce legislation as soon as I have a suitable opportunity. These reforms include a new defence, recommended by a working group under the chairmanship of Lord Justice Neill, which will avoid the need for a trial if the defendant is28WA prepared to offer amends and pay damages assessed by a judge.
In addition, there will be a new summary procedure, under which every defamation claim will come before the judge at an early state. He will assess whether the claim is suitable for summary disposal, or whether it should go for trial, with or without a jury. He will have power on summary disposal to award damages up to a fixed ceiling. I believe that the procedure will help the parties to clarify the real issues much earlier, and encourage sensible settlements, as well as providing a fast track for the disposal of straightforward claims.