Cases

Tesco Stores Ltd v Guardian News & Media Ltd and Rusbridger

Held

(1) T must elect whether to accept or reject the offer. It was inconsistent to keep open the option of accepting the offer while going ahead with alleging malice. The decision to accept or reject must be taken within “a reasonable period” depending on the particular circumstances of the case. It would not be reasonable to delay for the purposes of obtaining disclosure on matters relevant to the issue of malice.

(2) The malicious falsehood claim should be stayed: it could not afford any substantive remedy in respect of reputation – any damages could be recovered in the defamation action. T’s dual claim appeared to be tactical. The circumstances in which a claimant could succeed on malice in malicious falsehood but fail under the OOA procedure were remote.

(3) The correct approach to the proposed amendment at this stage was to err on the side of generosity and to allow the amendment, subject to the trial judge.

Also