December 3, 2010
Flood v Times may go to Supreme Court
Court proposes granting Times permission to appeal subject to their paying costs in any event
The Supreme Court has proposed granting Times Newspapers Ltd permission to appeal from the decision of the Court of Appeal in Flood v Times Newspapers Limited  EWCA Civ 804, subject to the Times paying the costs of the appeal in any event.
Where permission to appeal is granted subject to a condition, the parties have the right to make submissions on the proposed terms and prospective appellants may decline to pursue the appeal: UKSC Practice Direction 3, para 3.3.11.
Earlier this year in July, the Court of Appeal overturned the finding made by Mr Justice Tugendhat that a report published by The Times about Detective Sergeant Flood was protected by Reynolds privilege. The Master of the Rolls, Lord Justice Moore-Bick and Lord Justice Moses each delivered concurring judgments in Mr Flood’s favour. It was believed to be the first time a finding of Reynolds privilege has been overturned on appeal.
The Supreme Court has also granted permission to appeal to the Defendant in the malicious falsehood case of Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd, in which 5RB‘s James Price QC and Matthew Nicklin (instructed by CMS Cameron McKenna LLP) act for the Claimant.