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English & Another v Hastie & Another
Comment
This is one of the few Reynolds cases to be tried by a jury. Interestingly, although the jury were asked whether the words complained of were defamatory, they were not asked to articulate the meaning they found them to bear. The Judge was content to proceed on the basis that the shades of meaning the article was capable of bearing were all serious and, in the analysis he had to perform for the decision on qualified privilege, the precise meaning found was not going to be determinative. In fact, the jury disbelieved the journalist as to the extent of the research he had carried out. Although not fatal to a Reynolds defence, such adverse findings by the jury are not usually consistent with a finding that the journalist acted responsibly.