ABSTRACT
The judge awarded damages of one penny. Having heard submissions
on the issue of qualified privilege, he found that the publication was not
privileged. Mr Reynolds appealed, contending that the judge had
misdirected the jury in certain respects. The defendants cross-appealed
against the judge’s decision on the qualified privilege point. The Court
of Appeal agreed as to the misdirections and ordered a new trial; they
further found that the defendants would not be able to rely on qualified
privilege at the new trial. The defendants appealed against this finding
to the House of Lords.