Category: Defamation Law

For any practitioners who do not deal with defamation on a daily basis, defamation is considered to be a difficult area of law with its mix of common law and statutory provisions.  It has therefore developed a reputation as being an area of law predominantly practised by a relatively small number of specialist media firms and barristers.  To overcome those perceptions, a clear, engaging and authoritative text is required: Duncan and Neill on Defamation certainly hits the mark on each of those three requirements and will no doubt be a favourite among defamation practitioners.

Duncan and Neill on Defamation is split into twenty-nine chapters and eight appendices.  The chapters include: the distinction between libel and slander; the meaning of defamatory; principles of construction; the case for a claimant – what a claimant has to prove; defences – general introduction; malice; offer to make amends; other defences; limitation; damages; injunctions; malicious falsehood; points of procedure; and appeals.  The appendices include: the Defamation Acts of 1952 and 1996; the Human Rights Act 1998 (relevant sections and schedule); the Limitation Act 1980 (relevant sections); and the Civil Procedure Rules and Protocol (key rules).

Written by a team of specialist and esteemed barristers, led by the Right Honourable Sir Brian Neill (one of the authors of the highly regarded second edition), Duncan and Neill on Defamation comes more than twenty-five years since the second edition was published in 1983.  As Lord Bingham rightly says in his foreword, it provides an “up-to-date, accurate, unopinionated, comprehensive, readily intelligible and (so far as the subject matter permits) simple account of the law and practice of defamation”: I agree.  Duncan and Neill on Defamation manages to provide an excellent flashlight for anyone dealing with defamation law: whether they be inexperienced or seasoned professional.

The return of Duncan and Neill on Defamation is to be welcomed by all defamation practitioners.  It logically arranges the material into a straight-forward and accessible sequence meaning the reader quickly understands even the most complex point.  It also has excellent footnotes filled with a treasure trove of case-law and further discussion: these are invaluable starting points for further research.  Its appendices are also very useful but the authors could perhaps include some precedents for future editions to ensure Duncan and Neill on Defamation is a one-stop resource.  In the meantime, it will, no doubt, quickly become a fixture of any self-respecting defamation lawyer’s library.

Reviewed on 4 March 2012

Reputations are extremely important in modern society.  Many people place great emphasis on their reputation saying things like “my word is my bond.”  It is therefore fundamental for such an important area of law like defamation that it has a heavyweight text like Gatley on Libel and Slander to guide the reader through the intricacies of this topical, fascinating and complex area of law.

Being edited by two lawyers from different backgrounds, Patrick Milmo QC from private practice and Horton Rogers from academia, means that Gatley on Libel and Slander has a rich mixtures of these two approaches.  Gatley on Libel and Slander is broken down into four parts and appendices: the defamatory statement; defences; other causes of action and related matters; and the action.  Appendices include precedent letters of claim, statements of case, statutes and damages awards.  This approach means that Gatley on Libel and Slander is an invaluable tool for anyone practising in or studying this area of law.

Gatley on Libel and Slander is superbly written and tackles the material in a readable and thorough way.  This is a real testament to contributors’ expertise because if you do not understand the material fully, you cannot explain it.  The text is authoritative meaning that the reader can be sure that it accurately states the law.  The material is also wonderfully broken up into fairly short and manageable sections meaning the points raised in the paragraph are not lost on the reader.  Excellent use is also made of extracts from cases and examples showing the law in practice.

Unlike many texts of this type, Gatley on Libel and Slander includes a whole part devoted to defamation proceedings taking each stage step by step.  By doing so, it ensures the reader is fully aware of the issues which need to be tackled and tactical advantages of writing a letter of claim in a clear and succinct way.  The precedents are also excellent although, given the Court’s jurisprudence that statements of case should be written in layman’s language, I would have preferred them to be updated to remove legalese like “the said statements.”

I have no hesitation in recommending Gatley on Libel and Slander to anyone practising in or studying this topical and fast-moving area of law.  It is comprehensive whilst, at the same time, readable meaning it can be used by practitioners and students alike.  The part on defamation proceedings and the appendices is worth the price on its own.  If you have a copy of Gatley on Libel and Slander, you are unlikely to need anything else!

Reviewed on 8 April 2009