The Industrial Cases Reports
[2011] ICR 1
Supreme Court
Joseph and others v Spiller and another (Associated Newspapers Ltd and others intervening)
[2010] UKSC 53
2010 July 26,
27;
Dec 1
Lord Phillips of Worth Matravers PSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Sir John Dyson JJSC
Defamation— Fair comment— Test of fairness— Posting on defendants’ website stating claimants in breach of contract and warning of their liability to break contracts— No particulars of alleged breach given— Whether defendants entitled to rely on alleged breach to support comment — Whether defence of fair comment requiring sufficient detail in statement to allow reader to judge if comment well founded— Defence to be renamed “honest comment”