Qualified Privilege in UK Law
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Defamation appeal: Court of Appeal rules that qualified privilege applies in respect of letter to regulator Mahon and Another v Rahn and Others
The factual background to this appeal was given in Vol.8, No.1 Journal of Financial Regulation and Compliance when the judgment at first instance, from which this appeal by the Defendants was broug...
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THE PRIVILEGE AGAINST SELF‐INCRIMINATION
This briefing reviews the historical and recent development of the privilege against self‐incrimination and its partiadar relevance in the field of financial regulation. The author discusses the id...... ... powers available to compel evidence, should witnesses have to be encouraged to come for-ward, and the privilege, whether in an absolute or 'qualified' form, retained? Is it not more, as the late Sir Rupert Cross put it, that 'the idea that a man should be compelled to give answers expos-ing himself ... ...
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‘The Stuff of Which Political Debate is Made’: Roberts V Bass1
... ... to the impact of the Lange decision onthe common law defence of qualified privilege.In Ro berts v Bass,3 the High Court by majority allowed an ... ...
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Correspondence
... ... Tds Publishing 00. about such a breach of qualified privilege are faithfully set out with the same authority as ... ...
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Defaming Politicians: The Not So Common Law
... ... While qualified privilege is not dependent on the proof of truth, it does require that ... ...
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Mapping Defamation Defences
The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognise...... ... a prima facie defence open to his adversary (eg qualified privilege, honest opinion) and thereby reinstate the original finding of liability ... ...
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REPORTS OF COMMITTEES
... ... Privilege. Once again, the Committee largely proposes the retention of ... ; but not to pictures: these should only attract qualified privilege because the producer has a constant power of ... ...
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Human Rights Law and National Sovereignty in Collusion: The Plight of Quasi-Nationals at Strasbourg
This article offers a review of the cases where the European Court of Human Rights has been called upon to decide whether or not the expulsion of a ‘quasi-national’ following criminal conviction vi...... ... climate explain in themselves the inconsistency in the case law, qualified as arbitrariness by one of the judges. The second part of the article ... the core of the case law, is revealed as a fiction that creates privilege at the same time as it obscures the discriminatory basis of this ... ...
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Liability for References: The House of Lords and Spring v Guardian Assurance
... ... gives a character reference is generally entitled to a qualified privilege and, since the trial judge held that there was no ... ...
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Durie v Gardiner: Public Libel Law and Stare Non Decisis
This note examines the controversial case of Durie v Gardiner, a recent decision of the Court of Appeal of New Zealand, which radically altered the nation's public libel jurisprudence. It argues th...... ... libel law , 3 replacing its established defence of qualified privilege for ‘political expression’ (the Lange defence) with an ad hoc ... ...
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