Jess Brown-Fuller

I congratulate the hon. Member for Leeds Central and Headingley (Alex Sobel) on leading today’s important debate and for setting out comprehensively, but also succinctly—I am very grateful for that—why we are here debating SLAPPs. I also congratulate the hon. Member for Bolton West (Phil Brickell) on originally securing today’s debate. Our justice system was built on the principle of fair and equal treatment for all who go through it. It should not be a tool for the rich and powerful to systematically silence accusers and avoid accountability, but the growing use of SLAPPs makes it abundantly clear that the system is in fact tilted towards those who harness power or wealth. Victims, journalists, academics, whistleblowers and many more, all attempting to speak truth to power, are being silenced by mechanisms within the justice system that are being weaponised and abused. Those mechanisms are not intended to protect these rich and powerful individuals but are doing just that and preventing access to justice. Lawsuits and threats with immense financial implications and additional time constraints are being used to intimidate and coerce individuals into stepping out of the legal system and stopping their actions. They are keeping cases of immense importance and significance to the public out of the courts, undermining the fair and equitable justice system that we should all strive to achieve. I know many today have been supported by the work of the Anti-SLAPP Coalition, which has done so much to expose these cases and push for the legislative changes that are necessary. The coalition has reported spikes in the number of cases sent to it in recent years, blaming an environment in the UK that is claimant friendly and in favour of those suing. That is not something that we should be proud of. Of course, there have been high-profile cases that have come to light, and some have been alluded to today. Mohamed al-Fayed, the Horizon scandal and Grenfell all provide serious regrets, and attempts to bring those scandals to light were continually blocked from the courts, elongating the pain of their victims and meaning that many never saw justice served at all. One case provided by the Anti-SLAPP Coalition illustrates many of these issues. It is the case of Heidi who, having contracted a building firm to carry out an extension of her home, became concerned about the quality of the work carried out. She terminated the work, but having taken a six-figure loss, made a complaint to the trading standards authority. She was informed that she would need other cases to take the case forward, which she then requested on social media. Having done that, Heidi was challenged by the building company’s lawyers with a letter stating that her actions amounted to harassment, defamation and malicious falsehood and falsely questioning her legal qualifications. It is very similar to a case brought to me by a gentleman connected to the UK Anti-SLAPP Coalition, who spoke to me about the intense level of legal correspondence he received from an estate management company that he had accused of poor service and mismanagement. He had created a Facebook group not just for that estate management company but to find other cases of estate management companies that had been failing their residents. He was relentlessly pursued by the estate management company’s legal team, with letters insisting that he remove the group or he would face legal action. There is also the harrowing case study that was covered by the BBC’s “Woman’s Hour” of a clinic that performed plastic surgery. Having encouraged customers to leave reviews on its website and on Trustpilot, the clinic had its lawyers pursue legal action against at least five individuals who dared to write negative reviews of its service. Those reviews related to legitimate concerns about the quality of treatment provided by the clinic, yet the customers were pursued with vigour—threatening legal action of taking individuals to court and defamation claims of thousands of pounds. One woman said that she hid the whole case from her husband for fear of losing their family home. She felt totally silenced by this plastic surgery company that was threatening to take away her home. It resulted in a number of the individuals removing their completely legitimate concerns about their treatment from the online forums. All of these cases highlight situations arising up and down the country in which the legal system is being used to intimidate and to scare individuals into not speaking out—and those are the ones we know about. As many Members have said today, this is just the tip of the iceberg, because a number of people will have folded under the immense pressure and immense amount of money being thrown at them. We do not know how many cases we do not know about. What we need to combat such practices are universal statutory protections to counter SLAPPs in UK law—something eminently achievable, as has been shown in the US and Europe. Currently, well-meaning journalists, whistleblowers, campaigners and victims speaking out on matters of public interest unrelated to economic crime have no legal recourse, and these gaps must be addressed. New legislation should be introduced that ensures equal access to the justice system and does not allow those with vast amounts of money the opportunity to silence victims or those undertaking legitimate scrutiny. That legislation must include a filter mechanism that allows courts to swiftly dispose of SLAPPs; an extension of early dismissal procedures; cost protections for defendants in all SLAPP cases, not just those involving financial crime; and the empowerment of courts to impose financial penalties on those who bring forward abusive SLAPP claims or use SLAPPs relentlessly against multiple claimants. We must also strengthen the regulatory powers of professional standards bodies and ensure that there is robust enforcement against lawyers and law firms that engage in abusive SLAPP litigation, while at the same time improving access to legal advice and support for those facing SLAPP threats. This is a position that the Liberal Democrats have consistently held—we were the only party to support such legislation in our manifesto in 2024—but the point is now clearly recognised across the House. The previous Conservative Government’s amendment to the Economic Crime and Corporate Transparency Act provided protections in cases of economic crime, as has this Government’s public recognition of the issues in this area. We have seen two private Members’ Bills in this Session containing anti-SLAPP provisions, including one due to be presented by the right hon. Member for Maldon (Sir John Whittingdale) in November. Will the Minister confirm the Government’s position on those two private Members’ Bills and whether it is the Government’s intention to support them in their passage through the House? Could she outline what conversations she is having or planning to have with the legal profession to stamp out these sorts of practices? The current context, the attention and the support across the House demonstrate that the time is right to take steps to protect victims and protect the chance of equitable justice. That will only happen with legislation that stamps out malpractice as early as possible, avoiding extortionate costs for victims and allowing the truth to finally be heard.