Rule 9 Amendment of Part 44

In rule 44.2, after paragraph (8) insert—

“(9)

 In respect of a SLAPP claim, a court may not exercise its discretion so as to order a defendant to pay a claimant’s costs except where, in the court’s view, misconduct of the defendant in relation to the claim justifies such an order.

(10)

For the purposes of paragraph (9), a SLAPP claim is strategic litigation against public participation being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023.

(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant or a defendant include a party bringing or defending an additional claim.)”.