Serious Harm Test

Serious Harm Test

Published on 9 February 2021
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Transcript
00:00
Serious harm test
00:01
In Defamation after the Defamation act 2013
00:03
A brief explainer
00:05
Defamation is...
00:06
Defamatory statements are those which negatively affect a person or company’s reputation.
00:09
The Serious harm test refers to claimants providing the evidence to prove it has caused or is likely to cause serious harm.
00:12
This saves courts time and defendants costs as claimants must provide evidence before going to court.
00:20
Case study
00:21
Serious harm was concerned in the reporting of a high-profile divorce between Mr Lachaux and his ex-wife
00:24
In February 2014, British Newspapers; Independent Press and The Evening Standard, published allegations against Mr Lachaux.
00:30
The details that were published...
00:33
Mr Lachaux was abusive towards his x-wife, he confisctaed his sons passport and attempted to use the courts to his advantage
00:39
The court favoured Mr Lachaux
00:41
As he provided evidence this defamation affected his repuation with serious harm.
00:45
This case helped to establish the importance of the serious harm test
00:48
This is crucial to ensuring Defamation is settled properly