Section 194 — Strategic litigation against public participation: requirement to make rules of court

(1) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include provision for ensuring that a claim may be struck out before trial where the court determines—

(a) that the claim is a SLAPP claim (see section 195), and

(b) that the claimant has failed to show that it is more likely than not that the claim would succeed at trial.

(2) Rules made in compliance with subsection (1) may include rules about how a determination under that subsection is to be made, including (in particular)—

(a) rules for determining the nature and extent of the evidence that may or must be considered;

(b) rules about the extent to which evidence may or must be tested;

(c) rules permitting or requiring the court to determine matters of fact by way of presumptions.

(3) Rules made in compliance with subsection (1) must include rules under which the court may make a determination under that subsection of its own motion.

(4) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include provision for securing that, in respect of a SLAPP claim, a court may not order a defendant to pay the claimant’s costs except where, in the court’s view, misconduct of the defendant in relation to the claim justifies such an order.

(5) The Lord Chancellor may by regulations provide for subsections (1) to (4) to apply in relation to any rules of court that may be specified in the regulations as those subsections apply in relation to Civil Procedure Rules.

(6) In this section—“court” includes a tribunal; “rules of court” means rules relating to the practice and procedure of a court or tribunal.