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Strategic Litigation Against Public Participation Bill [HL]

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A bill to Make provision about the misuse of litigation to suppress freedom of expression.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Applications for early determination

(1) The power to make Civil Procedure Rules (“CPR”) must be exercised to secure that CPR include provision for ensuring that a defendant (“D”) in a claim relating to any publication, statement or activity carried out in the exercise of the right to free expression can bring an application for early determination of that claim if the subject matter to which the claim relates is a matter of public interest.
(2) A claim in respect of which an application is made under rules pursuant to subsection (1) must be stayed until the application is determined and may be dismissed before trial where the court determines that the claimant (“C”) has failed to show that it is more likely than not that the claim would succeed at trial.
(3) A claim in respect of which an application is made pursuant to subsection (1) must not be dismissed if, in all the circumstances, the court determines that the harm suffered or likely to be suffered as a result of D’s publication, statement or activity carried out in the exercise of the right to free expression is sufficiently serious that the public interest in permitting the claim to continue outweighs the public interest in dismissing the claim before trial.
(4) A claim, or part of a claim, which D has made a successful application to have dismissed under subsection (2) must be referred to as a claim which was found to be strategic litigation against public participation (a “SLAPP claim”).

2 Costs

(1) If D’s application under section 1(1) is successful, D must be awarded their costs of the proceedings on an indemnity basis, unless the court considers that such an award is inappropriate in the circumstances.
(2) If D’s application under section 1(1) is not successful, or only partially successful, C is not entitled to recover any costs of the application, unless the court determines such an award is just and appropriate in all the circumstances.
(3) C must provide security for costs in respect of either an application under 1(2) or the substantive claim or both if just and appropriate, in accordance with CPR rule 25.
(4) The Court may impose cost penalties if noncompliance with the CPR objective on proportionality prolongs proceedings or results in delays or unnecessary costs.
(5) The court must have regard to litigation conduct if an application has or can be made under section 1(2) including where any part of C’s claim continues, and may in its discretion cap costs recoverable by C if considered just and appropriate.

3 Sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023: repeal

Sections 194 and 195 of the Economic Crime and Corporate Transparency Act 2023 are repealed.

4 Extent, commencement and short title

(1) This Act extends to England and Wales.
(2) This Act comes into force on the day on which it is passed.
(3) This Act may be cited as the Strategic Litigation Against Public Participation Act 2026.