Source: All England Reporter
Publisher Citation: [2005] All ER (D) 211 (Nov)
Neutral Citation: [2005] EWHC 2438 (QB)
Court: Queen's Bench Division

Eady J

Representation Claire Miskin (instructed by Osmond & Osmond) for the claimant.
  Sara Mansoori (instructed by Wragge & Co LLP) for the defendants.
Judgment Dates: 8 November 2005


Libel and slander - Qualified privilege - Public interest - Election - Words published on occasion material to question in issue in the election - Protection of candidate's Convention rights - Whether plea of qualified privilege barred by statute - , s 10 - , Sch 1, arts 6, 10.

The Case

In light of the provisions of the and certain of the Convention rights, s10 of the was to be interpreted as meaning that a candidate at a Parliamentary or local election could not claim a special privilege by virtue only of publishing words that were material to a question in issue in the election. On the other hand, a candidate, like any other citizen, might be able to establish a defence of qualified privilege if the ingredients recognised at common law were present on the facts of the case.

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