Cases

Rath v Guardian News & Media Limited & Anor

Comment

This decision deals with a number areas of defamation practice. Of particular significance is the decision relating to the ambit of s.6 Defamation Act 1952 to afford relief to a Defendant whose comment is based on facts stated in the article which turn out to be false. Both Kemsley -v- Foot [1952] AC 345 and the more recent decision of Lowe v Associated Newspapers suggest that error in facts stated would undermine the defence of fair comment. The Court ruled that s.6 could potentially rescue a Defendant in such a circumstance. The Defendants' attack on Dingle v Associated was rejected.

Areas of work

Defamation
Media Law

Also