SCHEDULE 6
PART 53DEFAMATION CLAIMS
Contents of this Part
Scope of this Part | Rule 53.1 |
Summary disposal under the Defamation Act 1996 | Rule 53.2 |
Sources of information | Rule 53.3 |
Scope of this Part53.1
This Part contains rules about defamation claims.
Summary disposal under the Defamation Act 199653.2
1
This rule provides for summary disposal in accordance with the Defamation Act 1996 (“the Act”)23.
2
In proceedings for summary disposal under sections 8 and 9 of the Act, rules 24.4 (procedure), 24.5 (evidence) and 24.6 (directions) apply.
3
An application for summary judgment under Part 24 may not be made if—
a
an application has been made for summary disposal in accordance with the Act, and that application has not been disposed of; or
b
summary relief has been granted on an application for summary disposal under the Act.
4
The court may on any application for summary disposal direct the defendant to elect whether or not to make an offer to make amends under section 2 of the Act.
5
When it makes a direction under paragraph (4), the court will specify the time by which and the manner in which—
a
the election is to be made; and
b
notification of it is to be given to the court and the other parties.
Sources of information53.3
Unless the court orders otherwise, a party will not be required to provide further information about the identity of the defendant’s sources of information.
(Part 18 provides for requests for further information)