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Lowe v Associated Newspapers Ltd
Comment
This decision - together with Cheng before it - may have the effect of revitalising the defence of comment. It is important for the analysis paid to the apparent inconsistency between the decision of the House of Lords in Kemsley v Foot back in 1952 and the modern dicta of Lord Nicholls in Cheng and Reynolds where he stated that it was important for readers to have sufficient factual material before them to assess the comment and decide for themselves whether or not they agree with it. Kemsley was not cited in either case. On a practical note, Eady J suggests a practice where defendants must plead the facts that were known to the commentator at the time of publication.