Defamation precedent ?

NUTLEY BOY

This is a long shot.

I am trying to identify an English precedent. I think that it issued within the last few years.

The point at issue was that the publisher of a defamatory statement pleading justification/truth had to have possession of the evidence/knowledge relied on before publication.

I think the background was that a statement of a defamatory character was published. The defendants do not seem to have had possession of evidence to justify the statement at the time that they made it and were not allowed to adduce exculpatory evidence obtained subsequent to publication.

I think that the rationale behind this was that you cannot publish a defamatory statement and then go on a subsequent fishing expedition to uncover relevant evidence to run the justification defence.

Can anyone identify the case name please ? Thanks.

Tom Young

Loutchansky v Times Newspapers Ltd and others (No. 8) - I think. Though lateness was an issue. At first glance I was thinking Jameel when I read your post.

NUTLEY BOY

Yes, it was Loutchansky.

Thanks very much for that Tom.