||All England Reporter
|| All ER (D) 365 (Nov)
|| EWHC 2735 (QB)
||Queen's Bench Division
||Patrick Moloney QC (instructed by Carter-Ruck) for the claimant.
||Stephen Cogley and Emmet Coldrick (instructed by Blake Lapthorn Tarlo Lyons) for the defendants.
||23 November 2007
Libel and slander - Privilege - Qualified privilege - Reportage - Claimant alleging defendant publishing defamatory article in magazine - Defendant raising defence of qualified privilege - Parties agreeing trial of preliminary issue of qualified privilege - Whether qualified privilege defence.
Libel and slander - Privilege. In the instant case, where the court was asked to determine whether the preliminary issue of the defence of privilege could be raised in circumstances where the defendants had published an article in a magazine alleging that the claimant, who was married to the daughter of the former King of Romania, had derived his title falsely, the preliminary issue was resolved in favour of the claimant. The assessment of whether qualified privilege was applicable had to be taken in the round nevertheless it was especially significant that the serious allegations were put into circulation without giving any opportunity for the claimant's side of the story to be stated.
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