“…he Reynolds defence of responsible journalism (see Loutchansky v Times Newspapers Ltd [2001] EWCA Civ 1805, [2002] QB 783 at [79], Flood v Times Newspapers Ltd [2010] EWCA Civ 804,[2011] 1 WLR 153 at [77]-[78]). The judge agreed. She therefore proceeded on the basis that the defendant had to make out all the elements of the public intere…”
“… normally exercising a reviewing function, and should not allow the appeal unless satisfied that the judge was wrong. As I said in Flood v Times Newspapers Ltd [2010] EWCA Civ 804, para 49, '[w]here the determination is a matter of balance and proportionality, it is, generally speaking, difficult for an appellant to establish that the ju…”