Narrowing qualified privilege

The High Court has recently considered whether a bank can rely on qualified privilege as a defence to a defamation claim brought by a drawer of mistakenly dishonoured cheques. By a majority of three to two, the High Court overturned the decisions of both the trial judge and the Court of Appeal, and held that the defence is not available in such circumstances. The decision heralds a narrowing of the defence of qualified privilege, but it is unlikely to represent the court’s final word on the topic.

Significant cases, legislation or articles referred to

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