The power to make Civil Procedure Rules (“CPR”) must be exercised to secure
that CPR include provision for ensuring that a defendant (“D”) in a claim relating to any publication, statement or activity carried out in the exercise of the right to free expression can bring an application for early determination of that claim if the subject matter to which the claim relates is a matter of public interest.

A claim in respect of which an application is made under rules pursuant to subsection (1) must be stayed until the application is determined and may
be dismissed before trial where the court determines that the claimant (“C”) has failed to show that it is more likely than not that the claim would succeed at trial.

A claim in respect of which an application is made pursuant to subsection
(1) must not be dismissed if, in all the circumstances, the court determines
that the harm suffered or likely to be suffered as a result of D’s publication, statement or activity carried out in the exercise of the right to free expression is sufficiently serious that the public interest in permitting the claim to continue outweighs the public interest in dismissing the claim before trial.

A claim, or part of a claim, which D has made a successful application to
have dismissed under subsection (2) must be referred to as a claim which was found to be strategic litigation against public participation (a “SLAPP claim”).

If D’s application under section 1 (1) is successful, D must be awarded their
costs of the proceedings on an indemnity basis, unless the court considers that such an award is inappropriate in the circumstances.

If D’s application under section 1 (1) is not successful, or only partially
successful, C is not entitled to recover any costs of the application, unless the court determines such an award is just and appropriate in all the circumstances.

C must provide security for costs in respect of either an application under 1 (2) or the substantive claim or both if just and appropriate, in accordance
with CPR rule 25.

The Court may impose cost penalties if noncompliance with the CPR objective
on proportionality prolongs proceedings or results in delays or unnecessary costs.

The court must have regard to litigation conduct if an application has or can
be made under section 1 (2) including where any part of C’s claim continues, and may in its discretion cap costs recoverable by C if considered just and appropriate.

This Act extends to England and Wales.

This Act comes into force on the day on which it is passed.

This Act may be cited as the Strategic Litigation Against Public Participation
Act 2026.