- Cited — Simon Blake & Ors v Laurence Fox 2023-08-25
“…[16]-[17] and Millett v Corbyn [13], [19]. Reference may also be made to Telnikoff v Matusevich [1992] AC 343, 352 (which deals with context), Joseph v Spiller [2010] UKSC 53, [2011] 1 AC 852 [88]-[89] (Lord Phillips), the judgment of Sharp LJ in Butt v Secretary of State for the Home Department [2019] EWCA Civ 933, [2019] EMLR 23 a…”
- Approved — Rachel Riley v Laura Murray 2022-08-11
“…That is how the common law operated. The five ingredients of the common law defence of fair comment were identified by the Supreme Court in Joseph v Spiller [2010] UKSC 53, [2011] 1 AC 852, approving with qualifications the judgment of the Court of Final Appeal of Hong Kong in Tse Wai Chun v Cheng (above) [16]-[21]. The first con…”
- Disapproved — Corbyn v Millett 2021-04-20
“…point (iv) of the summary in Koutsogiannis. This was wrong, submits Mr Hudson: any such rule of law was disapproved of by the Supreme Court in Joseph v Spiller [2010] UKSC 53 [2011] 1 AC 852 and survives, if at all, in section 3(3) of the 2013 Act. The Judge’s approach wrongly conflated the first two stages of the statutory analysis…”
- Cited — Butt v The Secretary of State for the Home Department 2019-06-06
“… our personal freedom.” See further, the discussion of the development of the defence of fair comment by Lord Phillips PSC in Spiller and anor v Joseph and ors [2010] UKSC 53 at paragraphs 33 to 73 and by Paul Mitchell in The Making of the Modern Law of Defamation (2005), Ch 8.…”