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MacIntyre v Phillips
Case Reference [2002] EWCA Civ 1087; [2003] EMLR 194
Court Court of Appeal
Judge Brooke & Dyson LJJ & Wall J
Date of Judgment 24 Jul 2002
Summary
Defamation - Libel - qualified privilege - similar fact evidence - preliminary issue - rule of practice that qualified privilege be tried first
Facts
The Claimant, an undercover TV journalist, sued the Defendant whose police officers had made various allegations concerning the quality of the Claimant's journalism. The Defendant defended the allegations as true and/or as protected by a Reynolds type qualified privilege.
Issue
Whether qualified privilege should be tried as a preliminary issue.
Held
The judge was entitled to hold that qualified privilege was not appropriate for resolution as a preliminary issue in this case.
Comment
Despite the observation of the Court of Appeal in Loutchansky v Times Newspapers that privilege will ordinarily be tried as a preliminary issue (without "trudging expensively through the mire of justification"), this has in fact happened only once.
Instructing Solicitors
Goodman Derrick for the Claimant
Links
Judgment
BBC's MacIntyre to sue police force - The Guardian
Reporter sues police for libel - BBC
Vindication for BBC man - The Guardian