Case Law: “Clift v Slough Borough Council – Qualified Privilege meets Article 8” – Lorna Skinner and Edward Craven

9 01 2011

Jane Clift

The influence of Article 8 of the European Convention on Human Rights on the law of breach of confidence and the development of a domestic tort of “misuse of private information” has been well documented. By contrast, the influence of Article 8 upon the law of defamation has been much less pronounced. Just before the Christmas break, however, the Court of Appeal handed down judgment in Clift v Slough Borough Council ([2010] EWCA Civ 1484). In Clift the Court of Appeal grappled with the issue of how, if at all, the Human Rights Act 1998 (“HRA”) has affected the availability of the defence of qualified privilege to public authorities in defamation cases. Read the rest of this entry »