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10 J. Media L. 1 (2018)

handle is hein.journals/joomaw10 and id is 1 raw text is: JOURNAL OF MEDIA LAW 2018, VOL. 10, NO. 1, 1-16 https://doi.org/10.1080/17577632.2018.1446403 Routiedge Taylor & Francis Group COMMENT AND ANALYSIS Why so serious? Lachaux and the threshold of 'serious harm' in section 1 Defamation Act 2013 Thomas DC Bennett Newcastle Law School, Newcastle upon Tyne, UK ARTICLE HISTORY Received 5 January 2018; Accepted 10 January 2018 KEYWORDS Defamation; libel; actionable per se; s 1 Defamation Act 2013 Introduction Is libel actionable per se, or not? That is the question at the heart of the case of Lachaux v Independent Print Ltd.' Determining answers to that question led first the High Court and then the Court of Appeal to consider a number of related matters that lend both judgments a rather busy and, at times, dis- jointed feel. But at base the question is a relatively simple one concerning the interpretation of s 1 Defamation Act 2013 and the state of the common law pertaining to libel prior to the Act coming into force. The claimant, Bruno Lachaux, had brought a claim in libel against the defendants in respect of articles published in their newspapers and on their websites that contained allegations against him that he averred were defama- tory of him. At the trial of preliminary issues in the claim - primarily the issue of the meaning of the articles - Warby J found these articles to be defamatory CONTACT Thomas DC Bennett 0 thomas.bennett@newcastle.ac.uk iLachaux and AOL (UK) Ltd v Independent Print Ltd and Evening Standard Ltd [2017] EWCA Civ 1334 (here- after 'Lachaux (CA)'). 0 2018 Informa UK Limited, trading as Taylor & Francis Group

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