Malik v Newspost Ltd & Ors [2007] EWHC 3063 (QB) (20 December 2007)

Malik v Newspost Ltd & Ors [2007] EWHC 3063 (QB) (20 December 2007)

The defence of privilege failed because the defendants did not take adequate steps to seek the claimant's response or verify the serious allegations before publication, as required by Reynolds principles, and the facts did not fit within reportage or other forms of privilege.

Citation
[2007] EWHC 3063 (QB)
Parties
Claimant: Shahid Malik; Defendant: Newspost Ltd; Defendant: Danny Lockwood; Defendant: Jonathan Scott
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Defamation / Ruling on Defence of Privilege After Close of Evidence
Outcome
Defence of privilege rejected; claimant entitled to judgment on that defence.
Legal Topics
Qualified Privilege, Reynolds Defence, Public Interest, Freedom of Expression, Protection of Reputation
Media Law Defamation Human Rights Qualified Privilege Reynolds Defence Public Interest Freedom of Expression Protection of Reputation

Case Brief

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Parties

Shahid Malik

Claimant

Newspost Ltd

Defendant

Danny Lockwood

Defendant

Jonathan Scott

Defendant

Procedural Posture

Defamation / Ruling on Defence of Privilege After Close of Evidence

Legal Issues

  1. 1 Whether the publications were protected by qualified privilege under the Reynolds defence
  2. 2 Whether the defendants took adequate steps to verify allegations and seek claimant's response
  3. 3 Whether a non-journalist contributor can invoke Reynolds privilege

Ratio Decidendi

The defence of privilege failed because the defendants did not take adequate steps to seek the claimant's response or verify the serious allegations before publication, as required by Reynolds principles, and the facts did not fit within reportage or other forms of privilege.

Court Disposition

Defence of privilege rejected; claimant entitled to judgment on that defence.

Orders

  • Defence of privilege struck out; case to proceed on remaining issues.