Collins Stewart Ltd & Anor v The Financial Times Ltd

Collins Stewart Ltd & Anor v The Financial Times Ltd

Claimants are entitled to further information and disclosure where it is relevant to the defence of qualified privilege and the Reynolds criteria, except where requests are disproportionate or unsupported by evidence.

Source-derived case information.

Parties
Claimant: Collins Stewart Ltd; Claimant: Collins Stewart Tullett plc; Defendant: The Financial Times Ltd
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Civil / Pre Trial Review Ruling on Applications for Further Information and Disclosure
Outcome
Applications for further information and disclosure largely upheld in favour of Claimants, with some requests denied as disproportionate.
Legal Topics
Qualified Privilege, Disclosure, Reynolds Criteria, Damages
Defamation Media Law Qualified Privilege Disclosure Reynolds Criteria Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Collins Stewart Ltd

Claimant

Collins Stewart Tullett plc

Claimant

The Financial Times Ltd

Defendant

Procedural Posture

Civil / Pre Trial Review Ruling on Applications for Further Information and Disclosure

Legal Issues

  1. 1 Entitlement to further information and disclosure regarding telephone conversations, article access statistics, witness statements, research documents, company contacts, article drafts, and supporting materials

Ratio Decidendi

Claimants are entitled to further information and disclosure where it is relevant to the defence of qualified privilege and the Reynolds criteria, except where requests are disproportionate or unsupported by evidence.

Court Disposition

Applications for further information and disclosure largely upheld in favour of Claimants, with some requests denied as disproportionate.

Orders

  • Defendants to provide further information and disclosure regarding telephone conversations on 29th August 2003.
  • Defendants to provide additional details about comments made by Mr Terry Smith.