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Amendment of section 23 of Principal Act
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10. (1) Section 23 of the Principal Act is amended—
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(a) in subsection (2), by the substitution of “unless the plaintiff proves that, at the time of the publication of the statement to which the offer relates, the defendant knew that, or was reckless as to whether” for “unless the plaintiff proves that the defendant knew or ought reasonably to have known at the time of the publication of the statement to which the offer relates that”, and
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(b) by the insertion of the following subsection after subsection (5):
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“(6) In addition to having regard to the matters provided for in section 169(1) of the Act of 2015, a court shall, when considering the making of an order as to costs in a defamation action, have regard to the conduct, subsequent to the making of an offer of amends, of—
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(a) the person who made the offer, and
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(b) the person to whom the offer was made,
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in relation to the offer.”.
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(2) The amendment effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.
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