23Statements criticising assetsS
(1)A person (B) may bring proceedings under this section against another person (A) where—
(a)A has—
(i)made a false and malicious statement criticising or denigrating the quality, condition, use or treatment of assets owned, possessed or controlled by B, and
(ii)published the statement to a person other than B, and
(b)the statement has caused (or is likely to cause) financial loss to B.
(2)For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—
(a)that the false imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and
(b)both—
(i)that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and
(ii)that A's publication of the statement was motivated by a malicious intention to cause B financial loss.
Commencement Information
I1S. 23 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2