Regan v Taylor [2000] EWCA Civ 68 (9 March 2000)

Regan v Taylor [2000] EWCA Civ 68 (9 March 2000)

Where a solicitor is given general authority to deal with the media on behalf of a client who has been attacked, the solicitor's statements—including relevant opinions—are protected by qualified privilege if made within the scope of that authority. The privilege is not lost merely because the solicitor expresses his own views, provided they are relevant and within the scope of the retainer. The claimant had no real prospect of rebutting the defence of qualified privilege on the facts as found by the majority.

Citation
[2000] EWCA Civ 68
Parties
Claimant/appellant: Simon Regan; Defendant/respondent: Mr Taylor
Jurisdiction
England and Wales
Judgment Date
09 March 2000
Procedural Posture
Libel/defamation Appeal / Appeal From Summary Judgment (cpr Part 24.2)
Outcome
Appeal dismissed (by majority)
Legal Topics
Qualified Privilege, Agent Authority, Solicitor's Duties, Summary Judgment, Reply to Attack Privilege
Defamation Civil Procedure Qualified Privilege Agent Authority Solicitor's Duties Summary Judgment Reply to Attack Privilege

Case Brief

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Parties

Simon Regan

Claimant/appellant

Mr Taylor

Defendant/respondent

Procedural Posture

Libel/defamation Appeal / Appeal From Summary Judgment (cpr Part 24.2)

Legal Issues

  1. 1 Does qualified privilege extend to defamatory statements made by a solicitor on behalf of a client, including the solicitor's own opinions, in response to an attack on the client?
  2. 2 Was the solicitor acting within the scope of his authority when making the statements to the media?
  3. 3 Can summary judgment be granted on the basis that the claimant has no real prospect of rebutting the defence of qualified privilege?

Ratio Decidendi

Where a solicitor is given general authority to deal with the media on behalf of a client who has been attacked, the solicitor's statements—including relevant opinions—are protected by qualified privilege if made within the scope of that authority. The privilege is not lost merely because the solicitor expresses his own views, provided they are relevant and within the scope of the retainer. The claimant had no real prospect of rebutting the defence of qualified privilege on the facts as found by the majority.

Court Disposition

Appeal dismissed (by majority)

Orders

  • Order of Gray J. dismissing the action for libel is upheld.