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Serious harm

There was different legal analysis to the proper interpretation of this new clause in the courts, leading eventually to a case being decided by the Supreme Court in 2019. The Supreme Court provided legal analysis showing a more significant change from the common law than an alternative legal analysis accepted by the Court of Appeal, providing clarity for future cases. In the particular case under consideration serious harm was found to have occurred because the defamation was published in a national newspaper, which had been read by people who knew the claimant, and was likely in the future to be read by new acquaintances, along with the gravity of the statements made.