Cases

Loutchansky v Times Newspapers Ltd and others (Nos. 2-5)

Held

(1) The question the court had to ask was the single composite question whether in all the circumstances the duty-interest test had been satisfied so that qualified privilege attached: Reynolds v Times Newspapers, Al-Fagih v HH Saudi Research & Marketing (UK) Ltd; Lange v Atkinson distinguished. Reynolds was a different jurisprudential creature from the traditional qualified privilege from which it sprang. The interest was that of the public in a modern democracy in free expression and in a free and vigorous press. The corresponding duty upon the journalist was to discharge that function by behaving as a responsible journalist. (2) There was no single publication rule in English law. (3) Summary disposal of the damages claim was rightly ordered.

Also