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)

Qualified privilege applies only to publication to customer-facing staff and managers in certain departments; excessive publication to other departments and partner organisations not protected; Council's duty to protect staff does not justify wide circulation; Article 8 ECHR and Data Protection Act require necessity and proportionality; claimant's reputation was unjustifiably interfered with by excessive publication.

Citation
[2009] EWHC 1550 (QB)
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 / Ruling on Qualified Privilege and Related Issues, Post Jury Argument
Outcome
Qualified privilege defence allowed in part; denied in part; issues of malice and damages to be determined by jury.
Legal Topics
Qualified Privilege, Article 8 ECHR, Data Protection Act 1998, Malice, Justification, Health and Safety at Work, Publication of Sensitive Personal Data
Defamation Human Rights Data Protection Qualified Privilege Article 8 ECHR Data Protection Act 1998 Malice Justification +2 more

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Parties

Jane Clift

Claimant

Slough Borough Council

First Defendant

Patrick Kelleher

Second Defendant

Procedural Posture

Libel Action / Ruling on Qualified Privilege and Related Issues, Post Jury Argument

Legal Issues

  1. 1 Whether publication of claimant's inclusion on Violent Persons Register was protected by qualified privilege
  2. 2 Whether publication breached claimant's Article 8 ECHR rights
  3. 3 Whether publication complied with Data Protection Act 1998

Ratio Decidendi

Qualified privilege applies only to publication to customer-facing staff and managers in certain departments; excessive publication to other departments and partner organisations not protected; Council's duty to protect staff does not justify wide circulation; Article 8 ECHR and Data Protection Act require necessity and proportionality; claimant's reputation was unjustifiably interfered with by excessive publication.

Court Disposition

Qualified privilege defence allowed in part; denied in part; issues of malice and damages to be determined by jury.

Orders

  • Qualified privilege applies to publication to customer-facing staff and managers in Trading Standards, Neighbourhood Enforcement, Community Safety.
  • Qualified privilege does not apply to publication to other departments, community wardens, trade union officials, partner organisations.