Prince Radu of Hohenzollern v Houston & Anor

Prince Radu of Hohenzollern v Houston & Anor

The judge did not err in principle or reach a plainly wrong conclusion in finding that the publication was not protected by qualified privilege. The failure to seek the claimant’s side and the one-sided nature of the article were relevant and significant factors. The Reynolds factors were properly treated as considerations, not hurdles. Editorial judgment does not override the requirement of responsible journalism.

Parties
Respondent/claimant: Prince Radu of Hohenzollern; Appellants/defendants: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Responsible Journalism, Reynolds Defence, Freedom of Expression, Editorial Discretion
Defamation Media Law Qualified Privilege Responsible Journalism Reynolds Defence Freedom of Expression Editorial Discretion

Case Brief

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Parties

Prince Radu of Hohenzollern

Respondent/claimant

Houston & Anr

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege (Reynolds privilege) as responsible journalism
  2. 2 Whether the judge erred in law or fact in denying privilege to the publication

Ratio Decidendi

The judge did not err in principle or reach a plainly wrong conclusion in finding that the publication was not protected by qualified privilege. The failure to seek the claimant’s side and the one-sided nature of the article were relevant and significant factors. The Reynolds factors were properly treated as considerations, not hurdles. Editorial judgment does not override the requirement of responsible journalism.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment stands