Defamation Act 2009
F42[Court inviting parties to consider alternatives to certain proceedings
34M.— ...]
Annotations
Amendments:
F42
Inserted by Defamation (Amendment) Act 2026 (2/2026), s. 21, not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective affecting provision: section inserted by Defamation (Amendment) Act 2026 (2/2026), s. 21, not commenced as of date of revision.
F42[34M.— (1) A court may, on the application of a party to proceedings, or of its own motion where it considers it appropriate having regard to all the circumstances of the case—
(a) invite the parties to the proceedings to consider engaging in the specified ADR procedures as a means of attempting to resolve the dispute the subject of the proceedings, and
(b) provide the parties to the proceedings with information about the specified ADR procedures to settle the dispute the subject of the proceedings.
(2) Where, following an invitation by the court under subsection (1), the parties decide to engage in a specified ADR procedure, the court may—
(a) adjourn the proceedings,
(b) make an order extending the time for compliance by a party with rules of court or with any order of the court in the proceedings, or
(c) make such other order or give such direction as the court considers necessary to facilitate the effective use of the specified ADR procedure.
(3) An application by a party under subsection (1) shall be made by motion to the court on notice to all other parties to the proceedings and shall, unless the court otherwise orders, be grounded upon an affidavit sworn by or on behalf of the party.
(4) The power conferred by subsection (1) is without prejudice to any other discretionary power which the court may exercise at any time during the course of proceedings with a view to facilitating the resolution of a dispute.]
