Cambridge v Makin

Cambridge v Makin

Publication of the defamatory allegation to persons other than CIOL AGM voters was not on an occasion of qualified privilege, as there was no pre-existing relationship or public interest necessity; the appellant acted with malice, lacking honest belief and being indifferent to the truth, thus the defence of qualified privilege failed.

Parties
Respondent: Jan Cambridge; Appellant: Guillermo Makin
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Malice, Libel, Abuse of Office, Conflict of Interest
Defamation Tort Law Qualified Privilege Malice Libel Abuse of Office Conflict of Interest

Case Brief

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Parties

Jan Cambridge

Respondent

Guillermo Makin

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether publication to persons other than CIOL AGM voters was on an occasion of qualified privilege
  2. 2 Whether the defendant acted with malice in publishing defamatory statements

Ratio Decidendi

Publication of the defamatory allegation to persons other than CIOL AGM voters was not on an occasion of qualified privilege, as there was no pre-existing relationship or public interest necessity; the appellant acted with malice, lacking honest belief and being indifferent to the truth, thus the defence of qualified privilege failed.

Court Disposition

Appeal dismissed

Orders

  • The judgment of the High Court is upheld
  • No qualified privilege for publication to recipients outside CIOL AGM voters