Clift v Slough Borough Council

Clift v Slough Borough Council

The Council’s defence of qualified privilege fails where publication to supernumerary employees and partner organisations was disproportionate and breached Ms Clift’s Article 8 rights. The Council was under a duty not to publish damaging information beyond those at risk, negating the foundation for qualified privilege.

Parties
Respondent: Jane Clift; Appellant: Slough Borough Council
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Article 8 ECHR, Data Protection, Proportionality, Duty of Care
Defamation Human Rights Public Law Qualified Privilege Article 8 ECHR Data Protection Proportionality Duty of Care

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Parties

Jane Clift

Respondent

Slough Borough Council

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Human Rights Act 1998 affects a local authority’s defence of qualified privilege in defamation cases
  2. 2 Whether publication to certain employees and partner organisations was proportionate and justified under Article 8 ECHR

Ratio Decidendi

The Council’s defence of qualified privilege fails where publication to supernumerary employees and partner organisations was disproportionate and breached Ms Clift’s Article 8 rights. The Council was under a duty not to publish damaging information beyond those at risk, negating the foundation for qualified privilege.

Court Disposition

Appeal dismissed

Orders

  • Damages of £12,000 to Ms Clift upheld
  • Council’s defence of qualified privilege rejected for supernumerary employees and partner organisations