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29 March 2012
Issue: 7507 / Categories: Case law , Law reports , In Court
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Defamation—Qualified privilege—Public interest

Flood v Times Newspapers Ltd [2012] UKSC 11, [2012] All ER (D) 153 (Mar)

 

Supreme Court, Lord Phillips P, Lord Brown, Lord Mance, Lord Clarke and Lord Dyson SCJJ, 21 Mar 2012

The court considered the circumstances in which a defendant may be protected from liability to a claimant in defamation under the doctrine in Reynolds v Times Newspapers Ltd [1999] 4 All ER 609.
 
James Price QC and William Bennett (instructed by Edwin Coe LLP) for the claimant. Richard Rampton QC, Heather Rogers QC and Kate Wilson (instructed by the Times Newspapers Legal Department) for the defendant.

The defendant newspaper published an article in June 2006 in which it accused the claimant, a detective sergeant of the extradition unit of the Metropolitan Police Service, of having taken money in exchange for passing information to a security firm. The article alleged that that information had been passed to Russian businessmen to forewarn them of extradition proceedings. A central aspect of the article was the statement that investigations
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Bird & Bird—Shahin Baghaei

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Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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