W v Westminster City Council & Ors

W v Westminster City Council & Ors

The publication of the words in the Child Protection Conference report was not protected by absolute privilege because necessity was not demonstrated and existing authorities (Waple, S v Newham) are binding. Qualified privilege applies, subject to proof of malice in the sense of improper motive or lack of bona fide discharge of duty. The balance of Article 8 rights does not justify absolute privilege in this context.

Parties
Claimant: W; First Defendant: Westminster City Council; Second Defendant: Anca Marks; Third Defendant: James Thomas
Jurisdiction
England and Wales
Judgment Date
09 December 2004
Procedural Posture
Libel Action / Reserved Judgment on Issue of Absolute Privilege
Outcome
Absolute privilege defence rejected; qualified privilege applies subject to malice.
Legal Topics
Absolute Privilege, Qualified Privilege, Malice, Children Act 1989, Human Rights Act 1998, Duty of Care, Publication to Child Protection Conference, Balancing Article 8 Rights
Defamation Child Protection Human Rights Absolute Privilege Qualified Privilege Malice Children Act 1989 Human Rights Act 1998 +3 more

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Parties

W

Claimant

Westminster City Council

First Defendant

Anca Marks

Second Defendant

James Thomas

Third Defendant

Procedural Posture

Libel Action / Reserved Judgment on Issue of Absolute Privilege

Legal Issues

  1. 1 Whether publication of words in a Child Protection Conference report is protected by absolute privilege
  2. 2 Whether qualified privilege applies to such publication
  3. 3 What constitutes malice in the context of qualified privilege for social workers' reports

Ratio Decidendi

The publication of the words in the Child Protection Conference report was not protected by absolute privilege because necessity was not demonstrated and existing authorities (Waple, S v Newham) are binding. Qualified privilege applies, subject to proof of malice in the sense of improper motive or lack of bona fide discharge of duty. The balance of Article 8 rights does not justify absolute privilege in this context.

Court Disposition

Absolute privilege defence rejected; qualified privilege applies subject to malice.