Does the Cabinet of elected members have a cause of action? Can the Cabinet sue a citizen? Lord Keith of Kinkel, Lord Griffiths,Lord Goff of Chieveley, Lord Browne- Wilkinson and Lord Woolf -Balance between public interest in freedom of speech and protection of authoritys reputation--Whether local authority entitled to maintain action in defamation The plaintiff, a local authority, brought an action for damages for libel against the defendants in respect of two newspaper articles which had questioned the propriety of investments made for its superannuation fund. On a preliminary issue as to whether the plaintiff had a cause of action against the defendants, the judge held that a local authority could sue for libel in respect of its governmental and administrative functions, and dismissed the defendants application to strike out the statement of claim. On appeal by the defendants, the Court of Appeal held that the plaintiff could NOT bring the action for libel. Held, dismissing the appeal, that since it was of the highest public importance that a democratically elected governmental body should be open to uninhibited public criticism, and since the threat of civil actions for defamation would place an undesirable fetter on the freedom to express such criticism, it would be contrary to the public interest for institutions of central or local government to have any right at common law to maintain an action for damages for defamation; and that, accordingly, the plaintiff was not entitled to bring an action for libel against the defendants, and its statement of claim would be struck out. .[1993] 2 W.L.R. 449 -House of Lords: HL
Posted on: Thu, 29 May 2014 02:31:50 +0000
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