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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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