Halford v Hampshire Constabulary [2002] EWCA Civ 1464 (25 September 2002)

Halford v Hampshire Constabulary [2002] EWCA Civ 1464 (25 September 2002)

Permission to appeal is granted because the grounds relating to malice and qualified privilege have a real prospect of success; the judge may have erred in withdrawing the issue of malice from the jury and in his findings on qualified privilege.

Citation
[2002] EWCA Civ 1464
Parties
Applicant: Halford; Respondents: Chief Constable of Hampshire Constabulary and Another
Jurisdiction
England and Wales
Judgment Date
25 September 2002
Procedural Posture
Application for Permission to Appeal and Extension of Time / Permission to Appeal Hearing Before Court of Appeal
Outcome
Application for permission to appeal allowed
Legal Topics
Libel, Slander, Malicious Falsehood, Qualified Privilege, Malice, Fair Trial (article 6 Echr)
Defamation Civil Procedure Libel Slander Malicious Falsehood Qualified Privilege Malice Fair Trial (article 6 Echr)

Case Brief

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Parties

Halford

Applicant

Chief Constable of Hampshire Constabulary and Another

Respondents

Procedural Posture

Application for Permission to Appeal and Extension of Time / Permission to Appeal Hearing Before Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in withdrawing the issue of malice from the jury
  2. 2 Whether the trial judge erred in making findings of fact on qualified privilege
  3. 3 Whether the trial judge erred in denying a fair trial under Article 6 ECHR by allowing late amendments and oral evidence

Ratio Decidendi

Permission to appeal is granted because the grounds relating to malice and qualified privilege have a real prospect of success; the judge may have erred in withdrawing the issue of malice from the jury and in his findings on qualified privilege.

Court Disposition

Application for permission to appeal allowed

Orders

  • Permission to appeal granted on all grounds