Grobbelaar v News Group Newspapers Ltd & Anor [2001] EWCA Civ 33 (18 January 2001)

Grobbelaar v News Group Newspapers Ltd & Anor [2001] EWCA Civ 33 (18 January 2001)

The Court held that the Sun's publications, judged in the round, were not protected by qualified privilege because they went beyond responsible journalism, asserted guilt as fact, and were not restrained or balanced. The jury's rejection of the defence of justification was not perverse, as there was credible evidence supporting Grobbelaar's case and the burden of proof lay with the defendants.

Citation
[2001] EWCA Civ 33
Parties
Respondent: Bruce Grobbelaar; Appellants: News Group Newspapers Ltd & Stuart Higgins
Jurisdiction
England and Wales
Judgment Date
18 January 2001
Procedural Posture
Defamation Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Justification, Damages, Freedom of Expression, Libel
Defamation Media Law Tort Qualified Privilege Justification Damages Freedom of Expression Libel

Case Brief

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Parties

Bruce Grobbelaar

Respondent

News Group Newspapers Ltd & Stuart Higgins

Appellants

Procedural Posture

Defamation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the publications by the Sun newspaper were protected by qualified privilege under the Reynolds defence.
  2. 2 Whether the jury's rejection of the defence of justification was perverse and should be set aside.

Ratio Decidendi

The Court held that the Sun's publications, judged in the round, were not protected by qualified privilege because they went beyond responsible journalism, asserted guilt as fact, and were not restrained or balanced. The jury's rejection of the defence of justification was not perverse, as there was credible evidence supporting Grobbelaar's case and the burden of proof lay with the defendants.

Court Disposition

Appeal dismissed

Orders

  • The award of £85,000 in compensatory damages to Bruce Grobbelaar stands.
  • Defence of qualified privilege is not available to the appellants.