Hunt v Times Newspapers Ltd [2012] EWHC 1220 (QB) (10 May 2012)

Hunt v Times Newspapers Ltd [2012] EWHC 1220 (QB) (10 May 2012)

Subject to minor exceptions, the Defendant's amended particulars of justification and Reynolds privilege defence are sufficiently particularised and legitimate to stand for trial. The cumulative effect of consistent police records and sources, even if not individually verified, may support a responsible journalism defence in exceptional circumstances. General bad reputation may be pleaded as a general assertion. The issues of responsible journalism and public interest are to be determined at trial after full consideration of the evidence.

Citation
[2012] EWHC 1220 (QB)
Parties
Claimant: David Hunt; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2012
Procedural Posture
Defamation / Interlocutory Application to Amend Defence and Strike Out Certain Pleadings
Outcome
Application to strike out most of the Defendant's amended pleadings refused; certain paragraphs to be sharpened or struck out as indicated.
Legal Topics
Justification, Reynolds Privilege, Responsible Journalism, Public Interest, Burden of Proof, Police Records, General Bad Reputation

Case Brief

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Parties

David Hunt

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Defamation / Interlocutory Application to Amend Defence and Strike Out Certain Pleadings

  1. 1 Whether the Defendant's amended particulars of justification and Reynolds privilege defence should be permitted to stand or struck out
  2. 2 Whether the pleadings are sufficiently particularised to inform the Claimant of the case to meet
  3. 3 Whether the allegations and supporting materials meet the threshold for responsible journalism under Reynolds privilege

Ratio Decidendi

Subject to minor exceptions, the Defendant's amended particulars of justification and Reynolds privilege defence are sufficiently particularised and legitimate to stand for trial. The cumulative effect of consistent police records and sources, even if not individually verified, may support a responsible journalism defence in exceptional circumstances. General bad reputation may be pleaded as a general assertion. The issues of responsible journalism and public interest are to be determined at trial after full consideration of the evidence.

Court Disposition

Application to strike out most of the Defendant's amended pleadings refused; certain paragraphs to be sharpened or struck out as indicated.

Orders

  • Defendant's amended particulars of justification and Reynolds privilege defence permitted to stand subject to minor exceptions and clarifications.
  • Certain paragraphs (e.g., 9.11(a)-(b), 9.12-9.14, 9.19, 9.21, 9.22(k)) to be struck out or clarified as directed.