Prince Radu of Hohenzollern v Houston & Anor [2008] EWCA Civ 921 (15 July 2008)

Prince Radu of Hohenzollern v Houston & Anor [2008] EWCA Civ 921 (15 July 2008)

The judge correctly applied the law by treating the Reynolds factors as relevant considerations rather than mandatory hurdles, and was entitled to find that the failure to seek the claimant's side and the one-sided tone of the article meant the standards of responsible journalism were not met; thus, qualified privilege did not apply.

Citation
[2008] EWCA Civ 921
Parties
Respondent/claimant: Prince Radu of Hohenzollern; Appellants/defendants: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment on Qualified Privilege in Defamation
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Responsible Journalism, Reynolds Defence, Freedom of Expression, Article 10 ECHR, Public Interest, Editorial Discretion
Defamation Media Law Human Rights Qualified Privilege Responsible Journalism Reynolds Defence Freedom of Expression Article 10 ECHR +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Prince Radu of Hohenzollern

Respondent/claimant

Houston & Anr

Appellants/defendants

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment on Qualified Privilege in Defamation

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege (Reynolds privilege) as responsible journalism
  2. 2 Whether the failure to seek the claimant's side before publication was fatal to the privilege defence

Ratio Decidendi

The judge correctly applied the law by treating the Reynolds factors as relevant considerations rather than mandatory hurdles, and was entitled to find that the failure to seek the claimant's side and the one-sided tone of the article meant the standards of responsible journalism were not met; thus, qualified privilege did not apply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment stands