Hilary Term
[2012] UKSC 11
On appeal from: [2010] EWCA Civ 804
| JUDGMENT |
Flood (Respondent) v Times Newspapers Limited (Appellant)
before
Lord Phillips, President
Lord Brown
Lord Mance
Lord Clarke
Lord Dyson
JUDGMENT GIVEN ON
21 March 2012
Heard on 17 and 18 October 2011
Appellant Respondent
| Richard Rampton QC | James Price QC |
| Heather Rogers QC | William Bennett |
Kate Wilson
| (Instructed by Legal | (Instructed by Edwin Coe |
| Department, Times | LLP) |
Newspapers Limited)
LORD PHILLIPS
Introduction
1. This judgment deals with the first, and major, limb of this appeal. At the end I shall explain the position in relation to the second limb.
2. On 2 June 2006 the appellant (“TNL”) published an article (“the Article”) which defamed the respondent, (“Sergeant Flood”), who is a Detective Sergeant in the Extradition Unit of the Metropolitan Police Service (“MPS”). The Article stated that allegations had been made against Sergeant Flood that had led Scotland Yard to investigate whether he was guilty of corruption. The police investigation subsequently ended with a finding that there was no evidence that Sergeant Flood had acted corruptly and the trial judge, Tugendhat J accepted Sergeant Flood’s evidence that he was not guilty of corruption. That finding has not been challenged. The issue before the Court is whether TNL are protected from liability to Sergeant Flood in defamation under the doctrine known as Reynolds privilege. Put shortly Reynolds privilege protects publication of defamatory matter to the world at large where (i) it was in the public interest that the information should be published and (ii) the publisher has acted responsibly in publishing the information, a test usually referred to as “responsible journalism” although Reynolds privilege is not limited to publications by the media – see Reynolds v Times Newspapers Ltd [2001] 2 AC 127.
3. Tugendhat J held that TNL are protected by Reynolds privilege [2009] EWHC 2375 (QB) [2010] EMLR 169, but his decision was reversed by the Court of Appeal, Lord Neuberger MR, Moore-Bick and Moses LJJ, [2010] EWCA Civ 804 [2011] 1WLR 153. The major reason for the Court of Appeal’s decision was their view that the journalists responsible for the Article had failed to act responsibly in that they had failed adequately to verify the allegations of fact that it contained.
The Article
4. The Article had the following heading, the first sentence of which was in
large bold letters:
“Detective accused of taking bribes from Russian exiles. Police investigating the alleged sale to a security company of intelligence on the Kremlin's attempts to extradite opponents of President Putin, Michael Gillard reports”.
The relevant part of the text of the Article was helpfully numbered by the judge for purposes of reference. I shall follow the example of the Court of Appeal in adopting that numbering.
“1. Allegations that a British security company with wealthy Russian clients paid a police officer in the extradition unit for sensitive information are being investigated by Scotland Yard.
2. The officer, who has been moved temporarily from his post,…
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- Flood v Times Newspapers Ltd [2012] UKSC 11
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- [2012] UKSC 11
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Orders
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Background
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Evidence
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