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.