header-logo header-logo

Reynolds privilege allowed in Flood

29 March 2012
Issue: 7507 / Categories: Legal News
printer mail-detail

Supreme Court rules reports of alleged corruption were justified

The Times was justified in reporting that a Met police sergeant was being investigated for alleged corruption, the Supreme Court has held.

In Flood v Times Newspapers Ltd [2012] UKSC 11, the justices dismissed a libel claim against The Times brought by police sergeant Gary Flood.

In 2006, The Times reported that Scotland Yard was investigating whether Flood accepted bribes from high-profile Russian exiles to reveal confidential information about extradition requests against them, via a security firm, ISC Global (UK).

The investigation did not recommend that any criminal or disciplinary proceedings be brought against Flood.

The Court of Appeal refused to uphold the defence of “Reynolds privilege”—that it is in the public interest to report the story.

The justices allowed the newspaper’s appeal but declined to lay down general principles on how courts should treat a Reynolds privilege defence.

Lord Phillips said: “How, and in particular whether within or outside this spectrum, an issue of Reynolds privilege should be addressed is a matter on which I would wish to hear oral argument in a context where it mattered before reaching any conclusion.”

Lord Brown said the news story related to “a matter of obvious public importance and interest, and may justifiably appear to the journalists to be supported by a strong circumstantial case”; therefore Reynolds privilege applied.

However, he pointed out that “not every anonymous denunciation to the police” would attract the defence.

Issue: 7507 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll