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 (specialist readership) and reply to attack (defending the reputation of Alger Hiss), and the defendant was entitled to judgment on fair comment as the statements were opinion, honestly held, and no malice was alleged.

Citation
[2003] EWHC 1428 (QB)
Parties
Claimant: Alexander Vassiliev; Defendant: Frank Cass & Co Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2003
Procedural Posture
Libel / Post Trial Judgment on Qualified Privilege
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 on Qualified Privilege

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege under common interest and reply to attack.
  2. 2 Whether the defendant was entitled to judgment on the issue of fair comment.

Ratio Decidendi

The publication was protected by qualified privilege under both common interest (specialist readership) and reply to attack (defending the reputation of Alger Hiss), and the defendant was entitled to judgment on fair comment as the statements were opinion, honestly held, and no malice was alleged.

Court Disposition

Judgment for the defendant

Orders

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