Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001

The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be entitled to common law privilege. Applying the ‘duty-interest’ test from Reynolds would work no injustice on these facts and there would be no violation of ECHR Article 10 if the defendants were not permitted to rely on the proposed amendment in support of their plea of qualified privilege.
The time to check the factors of the decision to publish was that of publication.
Lord Justice Thorpe Lord Justice Brooke And Sir Martin Nourse
[2001] EWCA Civ 536
Bailii
England and Wales
Citing:
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedGilpin v Fowler 9-Feb-1854
The word `privilege’ means the existence of a set of circumstances in which the presumption of malice was negatived. `Instead of the expression `privileged communication’ it would be more correct to say that the communication was made on an occasion . .
CitedPerera v Peiris PC 1949
Qualified privilege claim upheld
(Ceylon) The ‘Ceylon Daily News’ had published extracts from a report of the Bribery Commission which was critical of Dr. Perera’s lack of frankness in his evidence. The Judicial Committee upheld a claim to qualified privilege. In the light of the . .
CitedGKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1) CA 21-Jan-2000
It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: ‘there was a real, if problematic, prospect of success.’
May LJ . .
CitedBlackshaw v Lord CA 1984
Claim to privilege must be precisely focused
The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in . .
CitedToogood v Spyring 1834
Qualified Privilege of Bona Fide Words Under Duty
The defence of qualified privilege arises where the statement in question was bona fide and without malicious intent to injure: ‘In general, an action lies for the malicious publication of statements which are false in fact, and injurious to the . .
CitedWatts 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 . .
CitedJones v Baird HL 1916
The House set out how a court should decide whether qualified privilege applied: ‘If the document is capable of a defamatory meaning, then may be considered the point as to whether the occasion was privileged or not. In considering the question . .
CitedLondon Association for Protection of Trade v Greenlands Ltd HL 1916
There had been publication in confidence to a single potential customer.
Held: When testing whether an occasion was one for qualified privilege, the court must look to all the circumstances.
Lord Buckmaster LC said: ‘Again, it is, I . .
CitedMcCartan Turkington Breen (A Firm) v Times Newspapers Limited HL 2-Nov-2000
(Northern Ireland) The defendant reported a press conference at which the claims denying the criminal responsibility of an army private were made. The report was severely critical of the claimants, who then sued in defamation. The defendants claimed . .
CitedWebb v Times Publishing Co Ltd 1960
The Times newspaper published a report of the criminal trial in Switzerland of a British subject. When sued in defamation they sought to rely upon the defence of fair reporting of judicial proceedings.
Held: A blanket protection for reporting . .
CitedPurcell v Sowler CA 1877
A Manchester newspaper reported a public meeting of poor-law guardians, in which a medical officer was said to have neglected to attend pauper patients when sent for.
Held: Publication was not privileged. The Court looked beyond the . .
CitedLondon Artists Ltd v Littler CA 10-Dec-1968
The defence of fair comment on matters of public interest is not to be defined too closely. Lord Denning MR said: ‘Whenever a matter is such as to affect people at large, so that they may be legitimately interested in, or concerned at, what is going . .
CitedGKR Karate (UK) Limited v Porch, Yorkshire Post Newspaper, Holmes QBD 17-Jan-2000
The claimant sought damages alleging defamation. The judge ordered certain elements of the case to be heard first, and others, if necessary later. Although the case had been begun under the old rules, the new civil procedure regime gave the judge . .
CitedBladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
CitedSaad Al-Fagih v HH Saudi Research and Marketing (UK) Ltd QBD 28-Jul-2000
The court considered the factors which the court should take into account when carrying out the balancing process with regard to the defence of qualified privilege because of the public interest: ‘Some factors relate to the quality, status and . .
See AlsoLoutchansky v Times Newspapers Ltd and others CA 23-Jan-2001
The defendants requested that the defamation claim they faced be struck out despite the apparent reasonable possibility of success. . .

Cited by:
CitedPaddick v Associated Newspapers Ltd QBD 10-Dec-2003
The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material.
Held: The application failed. The claimant had stated that the balance of . .
See AlsoLoutchansky v Times Newspapers Ltd and others CA 23-Jan-2001
The defendants requested that the defamation claim they faced be struck out despite the apparent reasonable possibility of success. . .
See AlsoLoutchansky v Times Newspapers Ltd QBD 26-Apr-2001
A defendant could not support a defence in defamation proceedings of qualified privilege by putting before the court matters of which it was unaware at the time of publication. The duty to publish and the interest in receiving the information, and . .
See alsoLoutchansky v The Times Newspapers Ltd and Others (Nos 2 to 5) CA 5-Dec-2001
loutchansky_bbc2CA2001
Two actions for defamation were brought by the claimant against the defendant. The publication reported in detail allegations made against the claimant of criminal activities including money-laundering on a vast scale. They admitted the defamatory . .
See AlsoLoutchansky v Times Newspapers Ltd and others QBD 12-Dec-2002
The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. . .

These lists may be incomplete.
Updated: 17 March 2021; Ref: scu.135538