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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Defendant's amended particulars of justification and Reynolds privilege defence should be permitted to stand or struck out
- 2 Whether the pleadings are sufficiently particularised to inform the Claimant of the case to meet
- 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.
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