*/
Sir Brian Neill, Richard Rampton QC, Heather Rogers QC,
Timothy Atkinson, Aidan Eardley
LexisNexis, 3rd edition (Aug 2009), £195.00, ISBN 978-0406178312
Since the first edition of Duncan and Neill in 1978 the libel landscape has changed dramatically and looks set to continue doing so. Juries are no longer “in the position of sheep loosed on an unfenced common, with no shepherd” as Lord Bingham famously described them. More detailed directions are now commonplace and jury awards correspondingly smaller than in their zenith in the 1980’s; to the considerable relief of the popular press.
In Reynolds v Times Newspapers [2001] AC 127 the House of Lords created a new immunity for the media where what was published was false but where the story was in the public interest and was the product of responsible journalism. Initially the media struggled to establish this defence, but in Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44, Lord Hoffmann in particular gave the defence a considerable boost. It is a curious phenomenon that at a time when, in general, journalistic standards are regarded as at an all time low, the law is moving towards granting the media more immunities rather than seeking to enforce professional standards.
The authors’ approach to the Reynolds defence is not to dwell on the decision itself, but to take as their starting point the re-statement of the law in Jameel. This works extremely well. As with previous editions the authors are aiming for an “impeccable synthesis” of the law rather than the more detailed treatment given to the subject in the other leading textbook.
It is an essential textbook and its measured and concise style is likely to commend itself to judicial citation in difficult cases.
Keith Schilling, Schillings Solicitors. A longer version of this review was published in NLJ (5 March 2010).
In Reynolds v Times Newspapers [2001] AC 127 the House of Lords created a new immunity for the media where what was published was false but where the story was in the public interest and was the product of responsible journalism. Initially the media struggled to establish this defence, but in Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44, Lord Hoffmann in particular gave the defence a considerable boost. It is a curious phenomenon that at a time when, in general, journalistic standards are regarded as at an all time low, the law is moving towards granting the media more immunities rather than seeking to enforce professional standards.
The authors’ approach to the Reynolds defence is not to dwell on the decision itself, but to take as their starting point the re-statement of the law in Jameel. This works extremely well. As with previous editions the authors are aiming for an “impeccable synthesis” of the law rather than the more detailed treatment given to the subject in the other leading textbook.
It is an essential textbook and its measured and concise style is likely to commend itself to judicial citation in difficult cases.
Keith Schilling, Schillings Solicitors. A longer version of this review was published in NLJ (5 March 2010).
Sir Brian Neill, Richard Rampton QC, Heather Rogers QC,
Timothy Atkinson, Aidan Eardley
LexisNexis, 3rd edition (Aug 2009), £195.00, ISBN 978-0406178312
Since the first edition of Duncan and Neill in 1978 the libel landscape has changed dramatically and looks set to continue doing so. Juries are no longer “in the position of sheep loosed on an unfenced common, with no shepherd” as Lord Bingham famously described them. More detailed directions are now commonplace and jury awards correspondingly smaller than in their zenith in the 1980’s; to the considerable relief of the popular press.
Chair of the Bar sets out a busy calendar for the rest of the year
By Louise Crush of Westgate Wealth Management
Examined by Marie Law, Director of Toxicology at AlphaBiolabs
Time is precious for barristers. Every moment spent chasing paperwork, organising diaries, or managing admin is time taken away from what matters most: preparation, advocacy and your clients. That’s where Eden Assistants step in
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Rachel Davenport, Co-founder and Director at AlphaBiolabs, outlines why barristers, solicitors, judges, social workers and local authorities across the UK trust AlphaBiolabs for court-admissible testing
Through small but meaningful efforts, we can restore the sense of collegiality that has been so sorely eroded, says Baldip Singh
Come in with your eyes open, but don’t let fear cloud the prospect. A view from practice by John Dove
Looking to develop a specialist practice? Mariya Peykova discusses the benefits of secondments and her placement at the Information Commissioner’s Office
Anon Academic explains why he’s leaving the world of English literature for the Bar – after all, the two are not as far apart as they may first seem...
Review by Stephen Cragg KC
