Cases

Basham v Gregory

Facts

The Claimant PR consultant sued the author and publisher of the book, "Dirty Tricks", which gave an account of the battle between British Airways and Virgin Atlantic Airways which resulted in a libel action and an eventual settlement by BA. The Claimant complained that the book suggested that in the course of his work for BA he had deliberately spread damaging rumours about Virgin which he knew to be false. In its original Defence, the Defendants relied upon a plea of justification, which they applied to amend extensively shortly before trial. The first instance Judge refused to allow the amendment on the basis of the procedural history of the Defendants’ failure to advance their Defence in the proposed form earlier in the action and the fact that he believed that justice could be done and the case fairly tried even on the existing plea. The Defendants appealed to the Court of Appeal but on a more limited form of amendment.

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