Public Interest Privilege in UK Law

Leading Cases
  • Loutchansky v Times Newspapers Ltd (No. 2)
    • Court of Appeal (Civil Division)
    • 05 Diciembre 2001

    The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of a free and vigorous press to keep the public informed. The corresponding duty on the journalist (and equally his editor) is to play his proper role in discharging that function. Unless the publisher is acting responsibly privilege cannot arise.

  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 Junio 1995

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
    • House of Lords
    • 11 Noviembre 2004

  • Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
    • Court of Appeal (Civil Division)
    • 14 Noviembre 2003

    It is not an abuse of the privilege to tell the truth, even where the truth is contrary to one's case. That, after all, is what the without prejudice rule is all about, to encourage parties to speak frankly to one another in aid of reaching a settlement: and the public interest in that rule is very great and not to be sacrificed save in truly exceptional and needy circumstances.

  • Reynolds v Times Newspapers Ltd
    • House of Lords
    • 28 Octubre 1999

    7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.

  • Ventouris v Mountain
    • Court of Appeal (Civil Division)
    • 08 Febrero 1991

    Our system of civil procedure is founded on the rule that the interests of justice are best served if parties to litigation are obliged to disclose and produce for the other party's inspection all documents in their possession, custody or power relating to the issues in the action. Nonetheless, disclosure being generally regarded as beneficial, any exception has to be justified as serving the public interest which gives rise to the exception.

  • Science Research Council v Nassé ; Leyland Cars Ltd v Vyas
    • Court of Appeal (Civil Division)
    • 26 Julio 1978

    Further, if such a "public interest privilege" applies, the Commission would not be entitled to require such information in their inquisitorial role (see Sex Discrimination Act, S 59(3) 1 and the Race Relations Act, s 50(3)). And if there was a duty net to disclose such documents in discrimination proceedings it would also apply in ordinary litigation.

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Legislation
  • Defamation Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... under section 4 (publication on matter of public interest); ... court proceedings protected by absolute privilege); ... ...
  • Finance Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... law relating to the national debt and the public revenue, and to make further provision in ... group as it, has or have a substantial interest in a relevant joint venture company ... subject to legal professional privilege ... ...
  • Defamation Act (Northern Ireland) 2022
    • Northern Ireland
    • 1 de Enero de 2022
    ... ... under section 3 (publication on matter of public interest); ... (b) (b) a defence under section ... (other reports protected by qualified privilege) ... (8) The common law defence of fair ... ...
  • Presumption of Death Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... the applicant does not have a sufficient interest in the determination of the application ... rule of law to be withheld on grounds of public interest immunity, ... on grounds of legal professional privilege, or ... ...
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Books & Journal Articles
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Law Firm Commentaries
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