Cases

Tesco Stores Ltd v Guardian News & Media Ltd and Rusbridger

Comment

On the construction of the offer of amends provisions, the decision contradicts that of Lady Paton in Moore v Scottish Daily Record & Sunday Mail Ltd [2007] CSOH 24. Plainly they cannot both be right. The logical implication of the decision would appear to be that an offer of amends, if not accepted, will generally be deemed to have been ‘rejected’ within a matter of weeks of being made, even where a Reply has not yet been served. As to the stay of the malicious falsehood claim, if a claimant with a viable cause of action in malicious falsehood also sues in libel, and if the defendant then makes an offer of amends, he is now liable to have his malicious falsehood claim stayed even before he has made his election.

Areas of work

Defamation
Malicious Falsehood
Media Law

Also