Cases

Desmond v Bower (CA)

Comment

For defendants whose justification plea has been narrowly confined by a ruling under Bookbinder v Tebbit this will be a welcome clarification that the admission of similar fact evidence under O'Brien is not precluded as an aid to proving the specific charge to be justified.

The trial judge subsequently refused to allow the documents produced by JO to be admitted, on the grounds that the application had been made too late. That decision too was successfully appealed to the Court of Appeal by D, in whose favour the jury ultimately found.

Areas of work

Defamation
Media Law

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