Defamation Act 2009
F40[Practising solicitor and alternatives to issuing of certain proceedings
34K.— (1) A practising solicitor shall, prior to issuing proceedings on behalf of a client, where the specified ADR procedures are applicable to the medium of publication of the alleged defamatory statement—
(a) inform the client of the availability of the specified ADR procedures,
(b) provide the client with information in relation to the implications of engaging in the specified ADR procedures on the proceedings the solicitor may issue on behalf of the client, including implications as to costs,
(c) advise the client of the implications of resolving a dispute in relation to the publication of a statement that is alleged to be defamatory of the client otherwise than by way of the issuing of proceedings including by way of the specified ADR procedures, and
(d) advise the client that the specified ADR procedures are voluntary.
(2) If a practising solicitor is acting on behalf of a client who intends to institute proceedings, the originating document by which the proceedings concerned are instituted shall be accompanied by a statutory declaration made by the solicitor evidencing his or her compliance with subsection (1).
(3) If the originating document referred to in subsection (2) is not accompanied by a statutory declaration made in accordance with that subsection, the court concerned shall adjourn the proceedings for such period as it considers reasonable in the circumstances to enable the practising solicitor concerned to comply with paragraphs (a) to (d) of subsection (1) and provide the court with such declaration or, if the solicitor has already complied with subsection (1), to provide the court with such declaration.
(4) In this section, "practising solicitor" has the same meaning as it has in the Act of 2015.]
Annotations
Amendments:
F40
Inserted (1.03.2026) by Defamation (Amendment) Act 2026 (2/2026), s. 21, S.I. No. 61 of 2026.
