Loutchansky v Times Newspapers Ltd [2001] EWCA Civ 536 (3 April 2001)

Loutchansky v Times Newspapers Ltd [2001] EWCA Civ 536 (3 April 2001)

A defendant in a libel action cannot rely on facts or circumstances unknown to them at the time of publication to support a plea of qualified privilege. The existence of privilege is determined by the circumstances and knowledge at the time of publication, not by subsequent discoveries or after-acquired information.

Citation
[2001] EWCA Civ 536
Parties
Claimant/respondent: Grigori Loutchansky; Defendants/appellants: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
03 April 2001
Procedural Posture
Appeal (civil) / Appeal From Refusal to Amend Defence (queen's Bench Division, Gray J)
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Libel, Freedom of Expression, Public Interest Defence, Responsible Journalism
Defamation Media Law Tort Qualified Privilege Libel Freedom of Expression Public Interest Defence Responsible Journalism

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Parties

Grigori Loutchansky

Claimant/respondent

Times Newspapers Limited

Defendants/appellants

Procedural Posture

Appeal (civil) / Appeal From Refusal to Amend Defence (queen's Bench Division, Gray J)

Legal Issues

  1. 1 Whether a defendant in a libel action can rely on facts unknown to them at the time of publication to support a plea of qualified privilege.
  2. 2 Whether the occasion of publication is privileged if the publisher was unaware of certain facts at the time of publication.

Ratio Decidendi

A defendant in a libel action cannot rely on facts or circumstances unknown to them at the time of publication to support a plea of qualified privilege. The existence of privilege is determined by the circumstances and knowledge at the time of publication, not by subsequent discoveries or after-acquired information.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend defence to add after-acquired facts in support of qualified privilege refused.