Letters written by a solicitor in the performance of his or her duties to a client of the firm to a person with an appropriate interest in receiving it attract qualified privilege. Publication by a solicitor is protected by qualified privilege if his client would have been similarly protected in making the same publication, provided that the solicitor is acting within the scope of his authority.
Citations:
[1894] 1 QB 838
Jurisdiction:
England and Wales
Cited by:
Cited – Waple v Surrey County Council CA 17-Dec-1997
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed . .
Cited – Watts v Times Newspapers Ltd, Neil, Palmer and Schilling and Lom CA 28-Jul-1995
The plaintiff author had claimed damages for defamation, saying that he had been accused of plagiarism. An apology had been given in the form requested – no qualified privilege. The plaintiff brought an associated case against his lawyer, saying . .
Cited – Khader v Aziz and Another QBD 31-Jul-2009
The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied.
Held: Assuming (which was denied) that the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Defamation
Updated: 22 September 2022; Ref: scu.180679
