Cases

Miller v Associated Newspapers Ltd

Comment

The most interesting aspect of the decision is its focus on the doctrine, well-established before the House of Lords' decision in Reynolds, that there would rarely be a privilege available in respect of the publication of allegations into which an official enquiry was currently under way. The judge recalled not only Blackshaw v Lord (1984) but also Purcell v Sowler (1877), both of which stand for the proposition that the public interest is not served by the premature attribution of blame to specific individuals. The decision suggests that the media should be wary of publishing leaks about forthcoming reports, critical of individuals or companies. They will usually need to be prepared to justify such articles.

Areas of work

Defamation
Media Law

Also