Clift v Slough Borough Council & Anor [2009] EWHC 1550 (QB) (06 July 2009)

Clift v Slough Borough Council & Anor [2009] EWHC 1550 (QB) (06 July 2009)

The defence of qualified privilege applied only to publication within the council to customer-facing staff and their managers in certain departments, but not to wider publication including partner organisations and other council departments. The council, as a public authority, was required to justify the interference with the claimant's Article 8 rights as necessary and proportionate. The court found that the circulation of the information was excessive and not justified for all recipients, and the defence of qualified privilege failed in respect of those wider publications.

Citation
[2009] EWHC 1550
Parties
Claimant: Jane Clift; First Defendant: Slough Borough Council; Second Defendant: Patrick Kelleher
Jurisdiction
England and Wales
Judgment Date
06 July 2009
Procedural Posture
Libel Action / Post Trial Judgment on Qualified Privilege and Related Issues
Outcome
Defence of qualified privilege upheld in part and rejected in part; case to proceed to jury on justification and malice.
Legal Topics
Libel, Qualified Privilege, Article 8 ECHR, Data Protection Act 1998, Malice, Proportionality, Public Authority Duties
Defamation Human Rights Data Protection Libel Qualified Privilege Article 8 ECHR Data Protection Act 1998 Malice +2 more

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Parties

Jane Clift

Claimant

Slough Borough Council

First Defendant

Patrick Kelleher

Second Defendant

Procedural Posture

Libel Action / Post Trial Judgment on Qualified Privilege and Related Issues

Legal Issues

  1. 1 Whether the publication of the claimant's inclusion on a violent persons register was protected by qualified privilege
  2. 2 Whether the publication was necessary and proportionate under Article 8 ECHR
  3. 3 Whether the council complied with its duties under the Data Protection Act 1998 and Human Rights Act 1998

Ratio Decidendi

The defence of qualified privilege applied only to publication within the council to customer-facing staff and their managers in certain departments, but not to wider publication including partner organisations and other council departments. The council, as a public authority, was required to justify the interference with the claimant's Article 8 rights as necessary and proportionate. The court found that the circulation of the information was excessive and not justified for all recipients, and the defence of qualified privilege failed in respect of those wider publications.

Court Disposition

Defence of qualified privilege upheld in part and rejected in part; case to proceed to jury on justification and malice.

Orders

  • Qualified privilege applies to publication to certain council employees only; not to wider circulation.
  • Damages to be assessed by the jury taking into account the number of recipients as directed.