Cases

Clarke v Davey

Comment

Although the facts were somewhat unusual, Gray J's treatment of the tension between More v Weaver and Minter v Priest (seen in the light of more recent decisions such as Saif Ali v Sydney Mitchell) is significant on the issue of absolute privilege for communications between lawyer and client. Also of note is his examination of the interplay between CPR Part 24 and s.8 Defamation Act 1996. Referring to CPR Part 53(2)(a), he observed that parties should not make concurrent applications under Part 24 and s.8 of the 1996 Act, both of which involve the same test, but should, at least in the case of defendants, instead apply only under Part 24.

Areas of work

Defamation

Also