UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.32 Defence of justification generally

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.32

14.32 Defence of justification generally

(cf SCR Part 67, rule 14; DCR Part 49, rule 13)

(1) Defence under Defamation Act 1974 Subject to rule 14.31(2), a defence under section 15(2) of the Defamation Act 1974 is sufficiently pleaded if it alleges--

(a) that the imputation in question was a matter of substantial truth, and

(b) either--

(i) that the imputation in question related to a matter of public interest, or

(ii) that the imputation in question was published under qualified privilege.

Note : The defence of justification under section 15(2) of the Defamation Act 1974 applies to the exclusion of the common law defence of justification. See section 15(1) of the Defamation Act 1974 .

(2) Defences under Defamation Act 2005 and at common law Subject to rule 14.31(2), a defence of justification under section 25 of the Defamation Act 2005 or at common law is sufficiently pleaded if it alleges that the imputation in question was substantially true.

Note : The defence of justification under section 25 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of justification. See section 24(1) of the Defamation Act 2005 .