The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 5) Regulations 2025

The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 5) Regulations 2025 bring into effect sections 194 and 195 of the Act on June 18, 2025.

These sections address strategic litigation against public participation (SLAPPs) by requiring the Lord Chancellor to create Civil Procedure Rules enabling courts to dismiss SLAPP claims before trial and to make specific cost orders.

The regulations aim to deter SLAPPs, protecting free speech and streamlining legal processes.

Arguments For

  • Combating SLAPPs: The regulations aim to deter Strategic Lawsuits Against Public Participation (SLAPPs), which are lawsuits intended to silence critics and stifle public discourse. The intended benefit is a more open and transparent public sphere. Evidence cited within the Explanatory Note points to the need for clearer legal mechanisms to quickly address SLAPPs.

  • Streamlining Legal Processes: By establishing a framework for dismissing SLAPPs before lengthy trials, the regulations aim to reduce the time and cost burden on courts and involved parties. This streamlined process is supported by new rules of court.

  • Protecting Free Speech: The regulations are designed to protect freedom of expression by providing a legal recourse against abusive litigation. This aligns with the UK's commitment to protecting civil liberties, as evidenced by historical legal precedent and international human rights standards.

  • Legal Certainty and Clarity: The implementation via specific regulations provides clear legal certainty for the Courts and individuals who may be affected by SLAPPs, removing ambiguity around dealing with these cases.

Arguments Against

  • Potential for Misuse: The regulations could potentially be misused to dismiss legitimate claims, falsely labeled as SLAPPs, thus hindering access to justice for some individuals and businesses.

  • Implementation Challenges: Effectively implementing the new rules of court and training judiciary in how to apply the new legislation appropriately requires significant resources and time investment. Failure to do so may lead to inconsistency of application.

  • Unintended Consequences: The regulations may inadvertently lead to chilling effects on legitimate legal actions or an increase in litigation related to determining whether a claim is indeed a SLAPP.

  • Alternative Approaches: Alternative strategies could improve the protection against SLAPPs such as enhanced pre-action protocols or greater transparency regarding the funding of such lawsuits. The balance between these alternative approaches and the introduction of new legislation requires careful consideration.

  1. Citation These Regulations may be cited as the Economic Crime and Corporate Transparency Act 2023 (Commencement No. 5) Regulations 2025.
  1. Provision coming into force on 18th June 2025 The following provisions of the Economic Crime and Corporate Transparency Act 2023 come into force on 18th June 2025, insofar as they are not already in force— (a) section 194 (strategic litigation against public participation: requirement to make rules of court); and (b) section 195 (meaning of “SLAPP” claim).

Signed by authority of the Lord Chancellor Sarah Sackman Minister of State Ministry of Justice 10th June 2025

Explanatory Note (This note is not part of the Regulations) These Regulations are the fifth set of commencement regulations made under the Economic Crime and Corporate Transparency Act 2023 (c. 56). They commence sections 194 and 195 of that Act, insofar as they are not already in force. The effect of those sections is to require the Lord Chancellor to make Civil Procedure Rules that enable a court to dismiss a SLAPP claim (within the meaning of section 195) before trial in certain circumstances and to make certain costs orders as specified in section 194(4). Relevant amendments to the Civil Procedure Rules 1998 (S.I. 1998/3132) will come into force on the same day as the provision which this instrument brings into force (see S.I. 2025/106, rule 1(2), rule 4 and rule 9).

NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Economic Crime and Corporate Transparency Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations. [Table detailing previous commencement regulations and dates]