header-logo header-logo

14 June 2012
Issue: 7518 / Categories: Case law , Law reports , In Court
printer mail-detail

Defamation—Privilege—Qualified privilege

Thour v Royal Free Hampstead NHS Trust [2012] EWHC 1473 (QB), [2012] All ER (D) 21 (Jun)

 

Queen’s Bench Division, Tugendhat JM, 29 May 2012

A defence of qualified privilege was made out in respect of a claim for libel based on a reference given by a former employer, an NHS trust, to the claimant’s prospective employer, another NHS trust. 

The claimant appeared in person. Sarah Palin (instructed by Radcliffes Le Brasseur) for the defendant.
 
In September 2009, the claimant applied to an NHS trust for a job. Following an interview, he received a conditional offer for the position, subject to satisfactory references. The defendant NHS trust, for whom he had previously worked, supplied a reference by his former supervisor, NB, which stated that it would not reengage him. NB stated that during the claimant’s time with the defendant he was “under investigation following allegations of aggressive behaviour. He resigned during the investigation process and therefore no formal action was taken. As this involved several different members of my staff
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll