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14 June 2012
Issue: 7518 / Categories: Case law , Law reports , In Court
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Defamation—Privilege—Qualified privilege

Thour v Royal Free Hampstead NHS Trust [2012] EWHC 1473 (QB), [2012] All ER (D) 21 (Jun)

 

Queen’s Bench Division, Tugendhat JM, 29 May 2012

A defence of qualified privilege was made out in respect of a claim for libel based on a reference given by a former employer, an NHS trust, to the claimant’s prospective employer, another NHS trust. 

The claimant appeared in person. Sarah Palin (instructed by Radcliffes Le Brasseur) for the defendant.
 
In September 2009, the claimant applied to an NHS trust for a job. Following an interview, he received a conditional offer for the position, subject to satisfactory references. The defendant NHS trust, for whom he had previously worked, supplied a reference by his former supervisor, NB, which stated that it would not reengage him. NB stated that during the claimant’s time with the defendant he was “under investigation following allegations of aggressive behaviour. He resigned during the investigation process and therefore no formal action was taken. As this involved several different members of my staff
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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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