My Lords, while the noble Baroness, Lady Hayter, is right to say that costs and early resolution are vital, I suggest that this extra strike-out provision is entirely unnecessary and, further, that it would introduce added uncertainty by bringing in a gloss on the serious harm test in Clause 1. In addition, it would add complexity to Clause 3 by introducing another test for whether or not there should be a strike-out. As has been said, the court is already able to strike out a case that has no merit; indeed, the noble Baroness, Lady Hayter, conceded that. It is right at the heart of these reforms that the Government propose to introduce an early resolution procedure in the rules, so I cannot see why the amendment should be necessary.
Defamation Bill
Proceeding contribution from
Lord Marks of Henley-on-Thames
(Liberal Democrat)
in the House of Lords on Tuesday, 5 February 2013.
It occurred during Debate on bills on Defamation Bill.
Type
Proceeding contribution
Reference
743 c188 
Session
2012-13
Chamber / Committee
House of Lords chamber
Librarians' tools
Timestamp
2013-11-20 10:12:10 +0000
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