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Collins On Defamation


ISBN13: 9780199673520
Previous Edition ISBN: 9780199590797
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £420.00



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Written by the widely respected author of The Law of Defamation and the Internet, this book analyses the modern law of defamation in a way that consolidates into a coherent structure its various sources - the common law, earlier statutory reforms, European and other foreign influences, and the changes effected by the Defamation Act 2013.

As well as examining the implications of the 2013 reforms, Collins on Defamation dissects, in context, the very large number of ambiguous and contestable questions of construction in, and possibly unintended consequences of, the new law.

The book draws on authorities from a wide international research base to explain the application of relevant principles, including the principles applicable to multi-jurisdictional publications and actions involving one or more foreign litigants.

As well as providing encyclopodic analysis of the law of defamation, the work contains detailed coverage of relevant conflict of law principles, and important and emerging related causes of action, including misuse of private information, malicious falsehood, data protection rights, and protection from harassment. Comprehensive tables of recent damages awards, and an extensive set of precedents for common notices and pleadings, are also included. This book is an essential text for any practitioner in the field.

Subjects:
Libel and Slander
Contents:
PART I: PRELIMINARY MATTER
1. General Information
2. Parties

PART II: THE CAUSE OF ACTION FOR DEFAMATION
3. Libel and Slander
4. Publication
5. Identification
6. Defamatory Meaning

PART III: DEFENCES
7. Justification
8. Honest Comment
9. Introduction to Privilege
10. Absolute Privilege
11. Duty and Interest Form of Qualified Privilege
12. Responsible Journalism
13. Fair Reports Forms of Qualified Privilege
14. Qualified Privilege and Malice
15. Statutory Innocent Dissemination and Related Defences
16. Common Law Defence of Innocent Dissemintation
17. Other Defences

PART IV: REMEDIES AND RELATED MATTERS
18. Injunctions and Related Remedies
19. Damages
20. Vicarious Liability
21. Recognition and Enforcement of Judgements in Foreign Countries

PART V: ALTERNATIVES TO DEFAMATION LAW
22. Breach of Confidence and Misuse of Private Information
23. Malicious Falsehood
24. Negligence

PART VI: EUROPEAN INFLUENCES ON THE LAW OF DEFAMATION
25. Jurisprudence of the European Court of Human Rights
26. Human Rights Act

PART VII: JURISDICTION AND CHOICE OF LAW
27. Grounds of Jurisdiction
28. Forum Non Conveniens
29. Choice of Law
30. Proof of Foreign Law

PART VIII: PRACTICE AND PROCEDURE
31. Pre-action Considerations
32. Statements of Case
33. Other Pre-Trial Steps
34. Trial
35. Appeals and Related Matters