Cases

Galloway v Telegraph Group Ltd (CA)

Held

Dismissing the appeal:

(1) the Judge had been right to conclude that, weighing the factors identified by Lord Nicholls in Reynolds, the articles were not protected by privilege. The Judge was right to conclude that the newspaper had adopted and embellished the allegations contained in the documents. It was for the Judge and not the Court of Appeal to weigh the Reynolds factors.

(2) The articles made defamatory allegations of fact, not comment, and could not therefore be defended as fair comment.

(3) The newspaper could have published the documents it had discovered under privilege, but the Judge had been correct to award damages on the basis of the articles as a whole, including the documents.

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