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Legal Research Plan

Student’s Name

Institutional Details
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Executive Summary
The development of the world today has brought about different aspects and attributes of
growth in the legal profession. The law of defamation in particular has been enhanced with a view of
understanding its impact in modern day world. The tort law as a whole continues to develop through
integration of modern concepts and measures which are viable in the business platforms.
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Legal Research Plan

Introduction
The law of tort is a civil wrong in the modern common law jurisdiction. The branch of
legal redress helps ensure a legal liability for the person responsible for the tortious act. The law
helps ensure that certain activities that cause an individual to suffer self-harm or loss are
effectively dealt with. The aspects may include various forms of intentional infliction of
emotional distress, negligence, financial losses, injuries or even the invasion of privacy. Its
effective and wide use in the modern day jurisprudence leads to it being compared to various
aspects of criminal law where the individual’s wrongdoings are punished by the state. It may also
be compared to contract law where there is provision of civil remedy in the event of a given
breach of contract or duty. Essentially, a tort is a wrong for which the law will provide a remedy

Task 1: Research Plan for hypothetical dissertation

Research problem and interest

The defamation Act of 2013 is an important milestone in the United Kingdom as it

transformed the modern legal aspects of the country with regard to important factors of

development. The Act brought about issues regarding the right to freedom of expression and the

protection of reputation1. Moreover, it was also used to enhance criticism of the factor through

addressing issues regarding libel tourism. The development of the Act and its incorporation

across the UK, however, has brought about claims of favoritism. Thus, the research paper seeks

to understand who the current law on defamation benefits the most – claimants or defendants.

The choice of the topic is particularly important owing to the growth and development of

the concept of defamation in the modern world. Previously, it used to be enough to show a

minimum threshold of seriousness had been caused to win a defamation case in tort law2. In

1
Watson R, R RoldanA Faza, 'Toward Normalization Of Defamation Law: The U.K. Defamation Act Of
2013 And The U.S. SPEECH Act Of 2010 As Responses To The Issue Of Libel Tourism' (2017) 22
Communication Law and Policy

2
Bennett T, 'Why So Serious? Lachaux And The Threshold Of ‘Serious Harm’ In Section 1 Defamation Act
2013' (2018) 10 Journal of Media Law
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Thornton v Telegraph Media Group Ltd, the court held that whatever definition of ‘defamatory’

is adopted, it must include a qualification or threshold of seriousness, so as to exclude trivial

claims3. However, in modern periods, after the implementation of the Defamation Act of 2013,

there has been improvements in the bar. For instance in Lachaux v Independent Print Ltd, the

courts held that claimants bringing defamation actions must prove serious harm to their

reputation by actual facts, rather than just the inherent tendency of their words4.

Key themes arising (Literature Review)

The injured party in the case of the tort law is usually referred to as the plaintiff. The

party has the duty of ensuring that they seek compensation in a legal proceeding through the

involvement of an attorney. The plaintiff seeks for such compensation from the defendant who

may be responsible for the varied form of wrongdoing in which he has been exposed. Tort law

determines whether a person should be held legally accountable for an injury against another, as

well as what type of compensation the injured party is entitled to5.

The law provides four elements which must happen for a case to proceed in such

situations. It is important that there is an owed duty between the parties involved in the claim.

The defendant must owe the plaintiff a duty to do or not do a given task. For instance, the duty

can be to act in a safe manner, or not to do something, such as not to break traffic rules.

Additionally, the duty must be violated in a way that is against the common practice. The

violation of the duty must also cause the victim to suffer injuries that are proven through a direct

3
Groppo M, 'Serious Harm: A Case Law Retrospective And Early Assessment' (2016) 8 Journal of Media
Law
4
Sewell C, 'More Serious Harm Than Good? An Empirical Observation And Analysis Of The Effects Of
The Serious Harm Requirement In Section 1(1) Of The Defamation Act 2013' [2019] SSRN Electronic
Journal
5
Turner C, Tort Law (Hodder Education 2011)
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link between the defendant’s actions and the injuries caused. Ultimately, there should be ultimate

suffering in a significant manner on the part of the victim.

In elaboration of the important elements in tort law, the legal aspect ensures that certain

key features and factors are considered in the long-term development of the legal procedure.

There is an actual intervention needed in the case since the burden of proof is much lower in

such cases. Critics of the civil aspect have been on the forefront by highlighting the need to

improve the burden of proof levels. They explain that in defamatory cases, the jury believes the

plaintiff more than the defendant and that the burden of proof is by a preponderance of the

evidence6. The critics also expound on the need to determine how negligence can be proven in a

given case. in its current form, the popular idea amongst the critics is that negligence in itself

cannot be proven, therefore, creating opportunities for expanding the law and integrating better

and more efficient mechanisms for development and implementation of the law.

In popular countries around Europe, various statutory laws have been adopted in a bid to

improve the burden of proof and allow for corresponding jurisprudent measures. The plaintiff is

required to show that the defendant violated a law, statute or regulation7. Moreover, one also

needs to show that the regulation in question is one that was enacted to prevent the same type of

injury as the victim suffered. The developments are captured in the negligence per se theory

which assesses whether the actions of the defendants were reasonable. Thus, it applies to the

criticism developed with regard to tort law where there is need for impartiality. The defendant

and the plaintiff need to have equal chances of winning the case as opposed to the current

situation where the law tends to favor the plaintiff. The success of the implementation of the

6
Turner C, Tort Law (Hodder Education 2011)
7
Hall‐Lipsy ES Malanga, 'Defamation Lawsuits: Academic Sword Or Shield?' (2017) 9 EMBO Molecular
Medicine
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negligence per se theory in various sectors such as traffic codes, building laws and speed limits

creates opportunities for its continued integration in wide range areas such as personal injuries.

There has also been the use of comparative negligence in ensuring the determination of

fault between the available parties in the given situation. In some cases, the determination of

fault may be difficult because multiple parties may share in responsibility, and each party will try

to put the blame on the others. The development of alternative measures such as the modified

comparative negligence can be used to effectively understand the law regulations in the given

areas. The legal proceeding allows the court to reduce the damages awarded in the event that that

both parties were found to be at fault in the situation arising.

The defamation act of 2013 brings about various changes and developments in the sector.

For instance, there is the creation of the Independent Regulatory Board (IRB), to provide

arbitration services. Previously, the cases were tried before a jury selected by the Defamation

Recognition Commission (DRC). The Act further abolishes the common law defense of

justification through repealing of section 5 of the 1952 Act. Moreover, the Act further explains

that the publication of a statement that conveys the imputation that a person has a contagious or

infectious disease does not give rise to a cause of action for slander unless the publication causes

the person special damage8. The Act has also ensured that plaintiffs who bring actions in the

courts of England and Wales alleging libel by defendants who do not live in Europe to

demonstrate that the court is the most appropriate place to bring the action8. The UK has been

able to effectively ensure such implementation processes through active involvement of the

public and ensuring that reliable and more effective structures are put in place to support the

cause.

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Soon Chul Huh, 'Defamation Act 2013 And Its Meanings In Great Britain' (2015) 16 Public Law Journal
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Defamation is usually defended in various ways. Truth, can be used as a complete

defense if the defendant can show that the statement complained of was true or substantially

true9. One can also incorporate honest opinion in their defense although the aspect may not be

incorporated in situations where the claimant can show that the defendant acted maliciously.

Public interest can also be enhanced and is available in certain situations. It is used if the

statement was, or formed part of, a statement on a matter of public interest and the defendant

reasonably believed that publication was in the public interest having regard to all the

circumstances of the case7. One can also defend themselves on the basis of privilege in important

aspects such as judicial proceedings.

Research has also shown that the implementation of the Defamation Act of 2013 has been

effective in enhancing reduction of defamation cases in the UK. There were 49 reported

defamation cases in the UK over the year to the end of June 2017 that made it to a court hearing,

down from 86 three years ago, according to research by Thomson Reuters10. The changing of the

threshold from substantial to serious harm coupled with the demand for businesses to prove

serious financial claims has led to reduction in such cases. The Act has also been bolstered by

high profile cases which have set precedent in the sector. Katie Hopkins has recently been

ordered to pay £24000 to Jack Monroe owing to a defamation case10. Such cases have ensured

that social media users become more careful of what they post online.

Research Outline

The research paper seeks to understand the varied arguments regarding the law of

defamation in the UK and whether it favors either party in the scenario. The implementation of
9
Descheemaeker E, 'Truth And Truthfulness In The Law Of Defamation' [2014] SSRN Electronic Journal
10
Mayhew F, 'Higher Threshold Of Harm Has Seen Number Of UK Defamation Cases Drop As Celebs
Look To Privacy Actions To Fight Libel - Press Gazette' (Press Gazette, 2019)
<https://www.pressgazette.co.uk/higher-defamation-threshold-has-seen-number-of-uk-cases-drop-as-
celebs-look-to-privacy-actions-to-fight-libel/> accessed 1 December 2019
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the research will involve analysis and understanding of key phrases and wordings in the legal

fraternity. There is need for an enhanced understanding of the actual role played by diverse

individuals in the understanding of the concepts as well as their roles in the continued

implementation and long-term coordination. The research will also analyze the development of

tort law and defamation in particular over the years in the UK. It will seek to effectively make

sure that reliable and long-term coordinated effects are realized in the ultimate understanding of

the aspects of the law.

The study will heavily rely on the Defamation Act of 2013. Its incorporation in the UK

has revolutionized the defamation cases in the country and opened up channels for the ultimate

developments in the regional perspectives. The branch of tort law has been revolutionized in the

modern world through different and more effective factors of growth and success. The approach

taken by various scholars and authors will also be analyzed to get a view of their understanding

as well as effectively consider their contributions on the matter.

Methodology

The study will majorly rely on the qualitative method of research to identify and work out

the most viable aspects that ensure meeting of the targeted goals. Qualitative research is used to

gain an understanding of underlying reasons, opinions, and motivations. The methodology will

involve analysis of various expert opinions and previous research studies conducted in

determination of the school of thought developed by the authors. Consequently, it is used to set

precedent in the research study through providing the right frameworks on which coordinated

research programs and measures can be guaranteed in the long-term. The study will rely on

secondary sources as the main data collection sources. It will review the sources to understand

the development and incorporation of the defamation law in the modern period. The attributes
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will be central in the management of the business through working out of the perspectives of the

modern period.

The integration of qualitative research brings about various challenges and barriers. One

is bound to face problems of inconsistency between research question and methodology and

insufficient methodological knowledge. The barriers will be overcome through the effective

attention to detail and coordinated training on data collection via relevant search engines.

Task 2: Reflection on a guest lecture

The lecture was conducted by Amy Croft who is a Director of studies as well as principal

lecturer of law. The speaker has a sterling career path in the legal profession and provides the

most effective assessment of important structures and features which can ultimately be relied

upon in the development of the sector. My career or hobbies may be important in choosing a

topic in the legal aspect as they involve my daily interactions. Through the attributes, I can easily

formulate a hypothesis in a regional context I am familiar with, therefore, making it easy to

realize success in the process.

The guest lecture allowed me to increase my scope of knowledge when choosing a

suitable topic for the final year dissertation. There was an increasing need to take up a topic that

deals with modern issues and problems. Consequently, its effective incorporation and long-term

abilities ensure that I choose a topic which suits the long-term idea as well as supporting the

reliable frameworks for success.

The speaker’s choice of topic as well as their mode of delivery was effective in capturing

my attention. The guest lecturer adopted proper communication skills which enhanced my

knowledge of the topic as well as the relevant figures of speech. The use of gestures and
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interactive measures helped enhance my concentration and allow provision of the intended

features with regard to the overall improvement of the topic. The topic was also relevant in the

modern day making it easy for me to relate with it. In essence the combination of varied speaker

attributes allowed me to actively participate in the lecture.

The key thematic concerns in the paper highlighted important attributes regarding the dog

attacks on the people around the region. The government issuance of a consultation paper was

also largely discussed with various individuals providing their perspective of the issue and its

incorporation in the different structures that support growth and development. There was also a

robust discussion on the flaws of the legal processes and their effectiveness in the constructed

regional perspectives.

The lecturer used an effective and logical research outline which highlighted important

features in the process. The systematic flow of the information in the area coupled with

increasing focus on the need for growth and development ensured that the research paper was

effective. I followed a similar structure in my research plan through reiterating important factors

regarding a logical and systematic flow of the ideas.

Additionally, the lecturer used used Legislation, parliamentary debate, academic articles

and the responses to Government consultation as the main source of information. She also relied

on quantitative methods of data collection in a bid to understand the figures and statistics behind

the dog attacks. However, the diverse nature of my research means that the methodology may

not have been applicable in my case.

In essence, the presentation was effective and met the relevant set goals and targets. The

lecturer understood the various communication skills which capture enhance the interaction of
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the audience. It was an important opportunity that provided me with relevant tips on

development of a research dissertation.