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Miller v Associated Newspapers Ltd (No.2)
Comment
Two points of some importance emerge from what was otherwise a fairly routine amendment application. First, the court followed Musa King in permitting a plea justifying actual suspicion, even though the words were capable of a meaning as high as guilt. Secondly, the decision affirms that a Claimant's conduct of the case, and in particular lies he has told in the course of it, can be relied on to prove justification. This is not the first time a defendant has accused a claimant of lying, and sought to rely on this by way of justification. This is, however, the first time a court has ruled on the basis on which such lies are admissible to prove the truth of the alleged libel.