The defendant newspaper had made a full apology and offer of amends under the section, and relied upon it as a defence. The claimant sought to impugn that apology, saying that the article had been malicious. He sought disclosure to support the claim.
Held: The request was a fishing expedition. To undermine the defence, the claimant had to show bad faith, not just negligence, and actual rather than constructive knowledge of the falsity.
Eady J
Times 09-Dec-2002
Defamation Act 1996 2 4(2)
England and Wales
Defamation
Updated: 20 January 2022; Ref: scu.178363
