Lammy hints that action on SLAPPs might come soon

The Lord Chancellor, David Lammy, has indicated that comprehensive legislation to combat Strategic Lawsuits Against Public Participation (SLAPPs) in the UK may be introduced sooner than anticipated. While the Economic Crime and Corporate Transparency Act 2023 marked an initial step by addressing SLAPPs related to economic crime, there is a recognised need for broader protections. This article explores the current legal landscape, the limitations of existing provisions, and the growing political momentum for a more expansive anti-SLAPP framework to safeguard freedom of speech and public interest reporting.

Strategic Lawsuits Against Public Participation (SLAPPs) represent a significant threat to freedom of speech, investigative journalism, and public interest advocacy within the United Kingdom. These abusive legal actions, often disguised as defamation, privacy, or data protection claims, are typically initiated by powerful individuals or corporations with the primary aim of harassing, intimidating, and financially exhausting critics into silence, rather than genuinely vindicating a legal wrong. The chilling effect of such litigation on legitimate scrutiny of matters of public importance has prompted widespread calls for robust legislative intervention.

In a recent development, Lord Chancellor David Lammy has pledged to Members of Parliament that comprehensive legislation to curb SLAPPs will be brought forward by the end of the current Parliament, hinting that action might materialise even sooner. This commitment signals a renewed political will to address a problem that has long plagued the UK's legal system, often described as a 'hotbed' for such abusive litigation.

This article delves into the existing legal framework for tackling SLAPPs in England and Wales, critically examines its limitations, and analyses the implications of the Lord Chancellor's recent statements for legal practitioners and those engaged in public interest activities. It will highlight the ongoing efforts to broaden the scope of protection and the potential for significant reforms in the near future.

The issue of SLAPPs gained significant traction in the UK following a series of high-profile cases, often involving wealthy individuals, including those with Russian connections, seeking to suppress reporting on alleged corruption or wrongdoing. In response to growing concerns, the Ministry of Justice launched a "Strategic Lawsuits Against Public Participation (SLAPPs) - A Call for Evidence" in March 2022, which characterised SLAPPs as an abuse of the legal process designed to harass, intimidate, and financially and psychologically exhaust opponents through improper means.

This consultation paved the way for the first statutory anti-SLAPP provisions in England and Wales, introduced through the Economic Crime and Corporate Transparency Act 2023 (ECCTA). Sections 194 and 195 of the ECCTA, which came into force in June 2025, provide a statutory definition of a SLAPP and enable courts to strike out such claims at an early stage. Crucially, for a claim to be identified as a SLAPP under the ECCTA, it must relate to information concerning "economic crime" and be disclosed for a purpose related to the public interest in combating such crime.

While the ECCTA 2023 provisions represent a welcome initial step, their scope is notably narrow, applying only to SLAPPs that feature economic crimes. This limitation has been a consistent point of criticism from anti-SLAPP campaigners and legal commentators, who argue that it leaves significant gaps in protection for individuals speaking out on other vital public interest matters, such as human rights abuses, environmental damage, planning applications, or even complaints from sexual abuse survivors and cosmetic surgery patients.

The need for broader legislation has been underscored by Lord Chancellor David Lammy's repeated pledges for a more comprehensive approach. He has acknowledged that SLAPPs extend "well beyond journalism and issues of free speech" and impact a wide array of individuals. His commitment to introduce legislation that "comprehensively tackles all SLAPPs" signifies a recognition of the ECCTA's shortcomings and a determination to provide universal protections.

This renewed governmental focus coincides with ongoing efforts in Parliament to introduce Private Member's Bills aimed at expanding anti-SLAPP protections. For instance, Baroness Stowell and Sir John Whittingdale MP have recently introduced separate bills in the Lords and Commons, respectively, seeking to establish a broader filter mechanism for early dismissal of abusive claims based on public interest considerations, irrespective of whether they relate to economic crime. Although Private Member's Bills face significant hurdles, the cross-party support for anti-SLAPP measures enhances their prospects, particularly with the Lord Chancellor's stated willingness to work across the House.

Beyond legislative efforts, the judiciary and regulatory bodies are also playing a role. A landmark High Court judgment in March 2026, which struck out an £8 million libel claim against journalist Dan Neidle, served as the first test case of the ECCTA's anti-SLAPP provisions, signalling the courts' readiness to utilise these new powers. Furthermore, the Solicitors Regulation Authority (SRA) updated its Warning Notice on SLAPPs in May 2024, advising solicitors against bringing unmeritorious claims or engaging in intimidatory tactics, and expecting them to identify and decline to act in such cases. This regulatory stance reinforces the ethical obligations of legal professionals in preventing the abuse of the legal system.

Comparatively, the Scottish Government has also committed to introducing its own anti-SLAPP legislation, drawing on a Model Law developed by the University of Aberdeen. This parallel development in a neighbouring jurisdiction highlights a broader recognition across the UK of the urgent need to address SLAPPs comprehensively.

The Lord Chancellor's recent hints of imminent action on SLAPPs underscore a critical juncture in the UK's efforts to protect free speech and public participation. While the Economic Crime and Corporate Transparency Act 2023 laid foundational anti-SLAPP provisions, the consensus among policymakers, legal experts, and civil society is that a more expansive framework is essential to address the full spectrum of abusive litigation. The ongoing parliamentary initiatives and the Lord Chancellor's commitment suggest a strong political will to deliver this broader legislation.

Practitioners should anticipate the potential introduction of new statutory mechanisms that will likely include a wider definition of SLAPPs, a more robust early dismissal process for unmeritorious claims, and enhanced cost protection for defendants. Remaining abreast of these legislative developments, particularly any forthcoming government bills or supported Private Member's Bills, will be crucial. The evolving landscape demands that legal professionals not only understand the existing ECCTA provisions but also prepare for a future where the UK's legal system offers more comprehensive safeguards against strategic lawsuits designed to silence legitimate public interest expression.