Gatley on Libel and Slander

Citation

Parkes, R., Busuttil, G., & Mullis, A. (Eds.). (2022). Gatley on Libel and Slander (13th ed.). Sweet & Maxwell.

Chapter Summary

The thirteenth edition is a practitioner's treatise of about 1,500 pages in the publisher's Common Law Library series, named for its original author Clement Gatley. It replaces the twelfth edition of 2013 and, according to the publisher, has been comprehensively updated and restructured. Its thirty-four chapters fall into four parts. A first supplement was issued in December 2024 to update the 2022 volume.

Part One, Chapters 1–10: The Defamatory Statement

Chapters on the introduction, defamatory imputations, the form and meaning of the defamatory statement, serious harm (a new chapter in this edition), slanders actionable per se, slanders actionable only on proof of special damage, publication, identity of the person defamed, parties (who may sue or be sued) and remedies. Together they answer the questions that open every defamation claim: what was said, how it would be understood, whether it caused serious harm, who published it to whom, who was referred to, and what the claimant can obtain. The publisher notes that the restructuring examines the Supreme Court's decision in Lachaux v Independent Print Ltd on serious harm under the Defamation Act 2013.

Part Two, Chapters 11–20: Defences

A general chapter on defences is followed by separate chapters on truth, honest opinion, absolute privilege, qualified privilege at common law, publication on a matter of public interest, qualified privilege by statute, malice and qualified privilege, the Rehabilitation of Offenders Act 1974, and other defences. Truth, honest opinion and public interest are described by the publisher as new chapters.

Part Three, Chapters 21–25: Other Causes of Action and Related Matters

Begins with a chapter setting the scope of the part, then treats malicious falsehood, misuse of private information, data protection and other causes of action arising from statements. Misuse of private information and data protection each have a dedicated chapter, as the publisher stresses.

Part Four, Chapters 26–34: The Action

Follows a claim through procedure: the initial stages, interim injunctions, particulars of claim, defence, reply and defence to counterclaim, apology, offer of amends and compromise, pre-trial applications, interlocutory matters and the trial. The publisher singles out a fully revised chapter on pre-trial applications, including preliminary trials of meaning, and says the work gives example forms and precedents for issuing proceedings and summaries of key damages awards.

Key Concepts

Part One: The defamatory statement

• Serious harm: the statutory threshold for a claim, now a chapter of its own.
• Libel and slander: the contents distinguish slanders actionable per se from slanders that require proof of special damage.
• Publication and identification: the claimant must show that the statement was communicated and that it referred to them.

Part Two: Defences

• Truth and honest opinion: the statutory successors to justification and fair comment, each with its own chapter.
• Privilege: absolute privilege, and qualified privilege at common law and by statute.
• Publication on a matter of public interest: the defence treated in its own chapter.

Parts Three and Four: Related claims and procedure

• Misuse of private information and data protection: claims that overlap with defamation but protect different interests.
• Preliminary trial of meaning: a pre-trial step highlighted by the publisher.
• Apology, offer of amends and compromise: ways of resolving a claim before trial.

Critical Analysis

Strengths

• Full coverage of the field. The publisher presents it as a thorough examination of English defamation law and related media and communications claims, both substance and procedure, with each defence and each procedural stage given its own chapter.
• Substance and procedure together. Alongside the law on the statement and defences, the book guides the reader through each stage of an action, with forms and precedents.
• Chapters aligned with the Defamation Act 2013. Separate chapters on serious harm, truth, honest opinion and public interest follow the statutory scheme and the case law on it.
• Comparative material. The publisher notes developments in Commonwealth and common law jurisdictions and a review of key cases, including Lachaux, Economou and Duchess of Sussex v Associated.

Limitations

• Not a student introduction. It is a reference work for practitioners; a first-time reader will not find a gentle path through it, and a general tort textbook is the better starting point.
• Scope. It concerns English defamation law and closely related claims, and does not teach tort theory or the wider law of torts.
• A supplement follows the main volume. Developments after 2022 are in the first supplement (December 2024) and later authority, so the volume alone is not current.

Where It Fits in the Course

Gatley is a specialist reference, not a course textbook. The general tort textbooks in this course, such as Winfield and Jolowicz on Tort, Markesinis and Deakin's Tort Law and Street on Torts, cover defamation and privacy among a much wider range of torts; for a course on tort they come first, and Gatley is where to go when a topic such as truth, honest opinion or qualified privilege needs to be understood in detail. Horsey and Rackley's Tort Law is written for students meeting the subject for the first time and is a natural place to start before reaching for a treatise.

Atiyah's Accidents, Compensation and the Law and Stevens's Torts and Rights address the wider structure and theory of tort and do not overlap with Gatley's subject. Gatley is relevant to a media law module, a dissertation on defamation or freedom of expression, or the practice of a defamation case.

How to Use This Book

The book is for advanced students writing on defamation, for those preparing or analysing a claim, and for anyone who needs an authoritative account of a particular rule. It is best approached with a basic grasp of tort already in place.

A practical plan: begin with Chapters 1–4 (introduction, defamatory imputations, form and meaning, serious harm), which establish what a claim has to show. Read each defence in the order the book gives it, starting with the general chapter, before the privilege chapters. Treat Part Three as the guide to overlapping claims such as privacy and data protection. Use Part Four as a reference for each procedural step from the initial stages to the trial, and consult the damages summaries when writing about remedies. Check the supplement and later authority before relying on any statement of the law in practice.