Cases

Donnelly & Others v Young & Another

Facts

This dispute concerned campaign literature published by rival factions of the Conservative party in the Brentwood Borough Council elections in May 2000. The Claimants were part of a breakaway group from the Brentwood & Ongar Conservative Association. The Defendants were party agents acting on behalf of the official Conservative candidates. The Claimants had published a leaflet claiming that the local party had been infiltrated by the Peniel Church. In response, the Defendants published a leaflet stating that the allegations were false and were a breach of s.106 Representation of the People Act 1983 (which prohibited false statements about candidates in elections). The Claimants claimed the leaflet suggested they had broken the law by making false statements. The Defendants pleaded justification, fair comment and qualified privilege. The Claimants pleaded malice. On the first day of the trial, the Defendants applied for a ruling on qualified privilege and to dismiss the case on malice.

Also