Culnane v Morris & Anor [2005] EWHC 2438 (QB) (08 November 2005)

Culnane v Morris & Anor [2005] EWHC 2438 (QB) (08 November 2005)

Section 10 of the Defamation Act 1952 does not bar a defence of qualified privilege for candidates in elections where the ingredients of privilege are otherwise present at common law; it only prevents privilege arising solely by virtue of the statement being material to an election issue. The pleaded defence of privilege is not barred by section 10 and may proceed to trial.

Citation
[2005] EWHC 2438 (QB)
Parties
Claimant: Mary Culnane; Defendant: Mark Morris; Defendant: Vijay Naidu
Jurisdiction
England and Wales
Judgment Date
08 November 2005
Procedural Posture
Defamation / Pre Trial Review; Preliminary Issue on Statutory Interpretation
Outcome
Defence of privilege not barred by section 10; may proceed to trial.
Legal Topics
Qualified Privilege, Defamation at Elections, Interpretation of Statutes, Freedom of Expression, Article 10 ECHR
Defamation Human Rights Qualified Privilege Defamation at Elections Interpretation of Statutes Freedom of Expression Article 10 ECHR

Case Brief

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Parties

Mary Culnane

Claimant

Mark Morris

Defendant

Vijay Naidu

Defendant

Procedural Posture

Defamation / Pre Trial Review; Preliminary Issue on Statutory Interpretation

Legal Issues

  1. 1 Whether section 10 of the Defamation Act 1952 bars a defence of qualified privilege for defamatory statements made by or on behalf of a candidate during an election
  2. 2 Compatibility of section 10 with Articles 6 and 10 of the European Convention on Human Rights

Ratio Decidendi

Section 10 of the Defamation Act 1952 does not bar a defence of qualified privilege for candidates in elections where the ingredients of privilege are otherwise present at common law; it only prevents privilege arising solely by virtue of the statement being material to an election issue. The pleaded defence of privilege is not barred by section 10 and may proceed to trial.

Court Disposition

Defence of privilege not barred by section 10; may proceed to trial.

Orders

  • The Defendants are permitted to advance the plea of privilege at trial.