Cases

Clift v Slough Borough Council & Kelleher

Held

(1) The only publications subject to qualified privilege were those to “customer facing staff” in 3 named departments of the Council likely to have contact with C.

(2) In order for a public authority to claim it had the interest or duty required at common law for there to be a defence of qualified privilege, it needed to comply with its public law duties under the Human Rights Act 1998 (following Wood v Chief Constable of West Midlands and declining to follow Kearns v General Council of the Bar).  The only right engaged was C's right to her reputation under Article 8.  Circulation to the other departments and to ther partner organisations was not proportionate or fair and so was not covered by the defence of qualified privilege.

Also