UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.37A Defence of scientific or academic peer review

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.37A

14.37A Defence of scientific or academic peer review

(1) A defence under section 30A(1) of the Defamation Act 2005 is sufficiently pleaded if it alleges that--

(a) the matter was published in a scientific or academic journal (whether published in electronic form or otherwise), and

(b) the matter relates to a scientific or academic issue, and

(c) an independent review of the matter's scientific or academic merit was carried out before the matter was published in the journal by--

(i) the editor of the journal if the editor has expertise in the scientific or academic issue concerned, or

(ii) one or more persons with expertise in the scientific or academic issue concerned.

(2) A defence under section 30A(2) of the Defamation Act 2005 is sufficiently pleaded if it alleges that--

(a) the assessment was written by one or more of the persons who carried out the independent review of the matter, and

(b) the assessment was written in the course of that review.

(3) A defence under section 30A(3) of the Defamation Act 2005 is sufficiently pleaded if it alleges that the matter was contained in a fair summary of, or fair extract from, a matter or assessment for which there is a defence because of section 30A(1) or (2) of that Act.