Lawrence
Yes, I can see that. However, you say "the insurer, is going to have to pay if more of these cases come to court" - do you think the quite understandable modification of the qualified privilege defence by Article 8 considerations will actually lead to substantially more claims? To be honest, I see this case as a kick up the proverbial to those who might have traditionally relied on an almost unrestricted qualified privilege (see Kearns & Co v The General Council of the Bar (2003) 1 WLR 1357; (2003) 2 All ER 534).
It is also unclear from the article whose interests are being discussed: "Slough said the decision to seek permission to appeal to the Supreme Court was taken by its insurers Zurich Municipal" "A spokeswoman for Zurich meanwhile said 'We are committed, where there are matters of public interest, to escalating these concerns and to gaining clarity at the highest level on this important issue. We therefore reserve the right to lodge an appeal to the Supreme Court'"
I'm surprised a private insurance co. is so concerned with matters of public interest ;-)
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: Lawrence Serewicz [mailto:[log in to unmask]]
Sent: Wednesday 19 January 2011 16:17
To: Baines, Jonathan; [log in to unmask]
Subject: RE: [data-protection] SLOUGH DEFAMATION CASE
Jonathan,
The appeal is not surprising once you read the final paragraph. In these cases, the insurer, is going to have to pay if more of these cases come to court. I can already see the financial upside for lawyers pursuing these cases. In the end, this would be covered under the insurance policy of the Council, see previous thread on indemnity insurance, so an insurer has a huge financial incentive to fight this ruling to the end.
Once they lose, given the previous two cases this is highly likely, Councils and insurers are going to be having some rather frank discussions about PVP policies and procedures.
Watch this space because things are going to be interesting because the issue is not principle, it is money and who pays.
Best,
Lawrence
Principal Information Management Officer Durham County Council Room 4/140 County Hall County Durham
DH1 5UF
0191-372-8371
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 19 January 2011 15:13
To: [log in to unmask]
Subject: Re: [data-protection] SLOUGH DEFAMATION CASE
My flabber is gasted. I would be very interested to see the grounds.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: Wednesday 19 January 2011 15:05
To: [log in to unmask]
Subject: [data-protection] SLOUGH DEFAMATION CASE
This case involving PVP lists is going to be appealed to the Supreme Court:
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=5622%3Aslough-defamation-claim-could-go-all-the-way-to-supreme-court&catid=56%3Alitigation-articles&q=&Itemid=24
We cover the case in our next newsletter coming soon.
http://www.actnow.org.uk/content/23
Regards
Ibrahim Hasan
Solicitor and Director
Act Now Training Limited
www.actnow.org.uk
www.informationlaw.org.uk
http://twitter.com/ActNowTraining
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