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08 January 2016 / John Murphy
Issue: 7681 / Categories: Features
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A legal fiction? Pt 2

In the final article of a two-part series, John Murphy asks if a truth defence in defamation can reduce the damages available in malicious falsehood?

In Pt 1 of this series it was noted that one—in theory, the most reasonable—interpretation of a statement may attract the defence of truth for the purposes of defamation law, yet not eclipse entirely the prospect of liability in the tort of malicious falsehood (see “A legal fiction? Pt 1”, 165 NLJ 7680, p 13). This begs the question of what implications, if any, the availability of this defence is likely to have for a successful malicious falsehood claim based upon a secondary meaning within a given statement. No such issue arose in Cruddas v Calvert [2015] EWCA Civ 171, [2015] All ER (D) 184 (Mar), because, on the facts of that case, the claimant was unable to show malice on the part of the defendant journalists and there was, therefore, no prospect of a successful malicious falsehood claim. It was true that certain readers might well foreseeably understand

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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