In two issues of ‘The Sunday Times’ newspaper on 17 and 24 September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The articles in the issue of 17 September were headed ‘Revealed: Socialist tycoons’s deals with a Labour chief and ‘Bizarre deals of a council leader and the media tycoon’: that in the issue of 24 September was headed ‘Council share deals under scrutiny.’ The council leader was Mr David Melvyn Bookbinder; the ‘media tycoon’ was Mr Owen Oyston. The articles questioned the propriety of investments made by the council of moneys in its superannuation fund, with Mr. Bookbinder as the prime mover, in three deals with Mr. Oyston or companies controlled by him. Excerpts from the articles giving the flavour of the allegations made will be found in the judgment at first instance [1991] 4 All E.R. 795 to which those interested may refer. The council is the ‘administering authority’ of its superannuation fund under the Superannuation Act 1972 and the Local Government Superannuation Regulations 1986 (S.I. 1986 No. 24) made thereunder.’
Held: The Court addressed Article 10 in determining whether or not it was necessary and proportionate to allow a local authority the right to sue in defamation for the protection of its own reputation, as opposed to the recognised rights of individual councillors or officers to sue in a personal capacity. Regard should be had to the Convention in resolving uncertainty in the common law, and in determining how it should develop.
Balcombe LJ, Butler-Sloss LJ
[1992] 1 QB 770
European Convention on Human Rights 10
England and Wales
Citing:
Appeal from – Derbyshire County Council v Times Newspapers Ltd and Others QBD 1991
The defendant published articles suggesting links between the Council and certain businessmen. The Council sued in defamation. The defendant argued that a local authority should not be able to sue for defamation.
Held: Applying South Hetton, . .
Approved – South Hetton Coal Company Ltd v North Eastern News Association Limited CA 1894
The plaintiff company sued for defamation in respect of an article which alleged that it neglected its workforce. The defendants contended that no action for libel would lie on the part of a company unless actual pecuniary damage was proved.
Cited by:
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Appeal from – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Jameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
Cited – Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others QBD 16-Jul-2009
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.192192
