Vassiliev v Frank Cass & Co Ltd [2003] EWHC 1428 (QB) (13 June 2003)

Vassiliev v Frank Cass & Co Ltd [2003] EWHC 1428 (QB) (13 June 2003)

The publication was protected by qualified privilege under both common interest and reply to attack categories, as the article was published to a specialist audience and constituted a proportionate response to accusations against Mr Hiss. Malice was not pleaded, and the words were found to be fair comment.

Citation
[2003] EWHC 1428
Parties
Claimant: Alexander Vassiliev; Defendant: Frank Cass & Co Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2003
Procedural Posture
Libel / Post Trial Judgment
Outcome
Judgment for the defendant
Legal Topics
Qualified Privilege, Fair Comment, Reply to Attack, Common Interest Privilege
Defamation Media Law Qualified Privilege Fair Comment Reply to Attack Common Interest Privilege

Case Brief

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Parties

Alexander Vassiliev

Claimant

Frank Cass & Co Limited

Defendant

Procedural Posture

Libel / Post Trial Judgment

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege
  2. 2 Whether the words complained of constituted fair comment
  3. 3 Whether reply to attack privilege applies

Ratio Decidendi

The publication was protected by qualified privilege under both common interest and reply to attack categories, as the article was published to a specialist audience and constituted a proportionate response to accusations against Mr Hiss. Malice was not pleaded, and the words were found to be fair comment.

Court Disposition

Judgment for the defendant

Orders

  • Defendant entitled to judgment on the issue of fair comment
  • No need to resolve Reynolds privilege