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Shot in the arm

The Guardian Weekly

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June 17, 2022

Arron Banks's libel loss is a timely boost for journalism

- Haroon Siddique

Shot in the arm

The decision by a high court judge to dismiss a libel claim brought against the Observer and Guardian journalist Carole Cadwalladr by the multimillionaire Brexit backer Arron Banks is a timely shot in the arm for journalism.

Concerns have long been mounting that the legal landscape in England and Wales places excessive restrictions on reporting, with London often described as the libel capital of the world.

Fighting a case all the way to trial can involve oppressive costs; even if you win, 100% of costs are not reimbursed. In the Cadwalladr case, she faced being liable for Banks's costs, estimated at between £750,000 and £1m ($900,000 and $1.2m), plus any resulting damages.

The claimant-friendly environment has been highlighted in the context of Russia's invasion of Ukraine with the focus on Slapps - or strategic lawsuits against public participation where the wealthy (in Russia's case, oligarchs) exploit expensive legal procedures to silence journalists and others.

A recent report by the Coalition Against Slapps in Europe found more Slapps were brought in the UK than anywhere else in Europe between 2010 and 2021.

While defamation laws have long been a source of angst to editors, reporters and publishers, developments in other areas have made their job even tougher.

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