C11

Prospective affecting provision: section inserted by Defamation (Amendment) Act 2026 (2/2026), s. 19, not commenced as of date of revision.

F36[34G.— (1) In defamation proceedings against a defendant relating to his or her engagement in public participation, he or she may, before, during or at the conclusion of the trial of the action, make an application, on notice to the plaintiff in those proceedings, for a declaration by the court that the proceedings or part thereof amount to abusive court proceedings against public participation.

(2) Where the court makes a declaration under subsection (1) that the proceedings or part thereof amount to abusive court proceedings against public participation, the court shall—

(a) insofar as it considers appropriate, take the declaration into account when making an award of costs or any other order providing for the payment of costs and may, if it thinks fit, order the costs to be paid as between legal practitioner and client or on a legal practitioner and own client basis, and

(b) when making an award or order referred to in paragraph (a), act as expeditiously as possible consistent with the administration of justice.]