Alice Anderson and Sarah Harris look at lessons to be learned from Mayer v Hoar Malice can be established where the defendant had an improper motive and knew that the statement was false or was recklessly indifferent as to whether the statement was true or not. As any seasoned defamation lawyer will know, two of …
Continue reading "Privilege: Nearly free speech"
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Phil Sherrell, Luke Arbuthnot and Astrid O’Reilly review the Supreme Court decision in Flood v Times Newspapers ‘To require journalists to become judge and jury before they can even report the mere details and fact of an investigation would be to redefine the journalist’s role and risk undermining the criminal justice system.’ The Times has …
Continue reading "Privilege: Noah and the Flood"
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Julian Copeman and Heather Gething look ahead to the Prudential appeal ‘The Law Society, the Bar Council and the Institute of Chartered Accountants in England and Wales (ICAEW) all intervened in the Court of Appeal, and have also been granted permission to intervene in the Supreme Court.’ On 13 October 2010 the Court of Appeal …
Continue reading "Privilege: Prudential and privilege: a re-match"
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Wills & Trusts Law Reports | March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
Clare Arthurs discusses the implications of the Keydata case ‘Finding joint interest privilege where no joint retainer exists might place lawyers in a difficult position both contractually and in terms of potential conflicts.’ Drawing the line between the interests of a company and those of its human agents can be difficult. In many cases the …
Continue reading "Privilege: Hear no evil, see no evil"
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Julian Copeman and Heather Gething review the impact of the Prudential judgment ‘The disclosure of documents in English litigation is an important tool that allows the court to do justice between the parties with “all the cards on the table”. It therefore serves the general public policy that cases should be decided by reference to …
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