The Defamation Act 1996 (Commencement No. 4) Order 2009

This Order brings into force on 6th January 2010 all the provisions of the Defamation Act 1996 which apply in Northern Ireland and which have not so far been brought into force. The provisions that come into force on 6th January 2010 are: -

Sections 2, 3 and 4 - Offer to Make Amends

An offer to make amends is an open offer to pay costs and damages, with an apology. It allows a defendant who has unintentionally defamed somebody to exercise a quick exit strategy without being penalised by lengthy litigation and its associated costs. It is frequently used by newspaper publishers. Section 2 requires the offer to be in writing, to be expressed as an offer of amends in accordance with section 2, to be agreed with the claimant and to be made before service of the defence.

If this is done it effectively brings an end to the claim, subject to payment of compensation and costs and the publication of an apology (Section 3).

If an offer of amends is not accepted, the fact that an offer has been made is a defence to the proceedings and may also be relied on in mitigation of damages-whether or not it is relied on as a defence (section 4).

Section 7 - Meaning of a Statement

Section 7 provides that a court shall not be asked to rule whether a statement is arguably capable, as opposed to capable, of bearing a particular meaning or meanings attributed to it.

Sections 8, 9, 10 and 11 - Summary Disposal of Claim

Sections 8 to 11 of the 1996 Act introduces the summary disposal procedure for defamation claims. This procedure enables the court to consider the merits of the case at any stage after service of the particulars of claim and dispose of the claim on the application of either party. The court will consider whether there is a prospect of success "which is not fanciful". It may order the defendant to consider whether to make an offer of amends under section 2 of the 1996 Act.

Declan Magee
Partner
Carson McDowell