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Milne v Express Newspapers Ltd [2005] 1 WLR 772

Country:
United Kingdom
  • Defendant made a false claim about Plaintiff and offered to make amends under s.2 of Defamation Act 1996 which Plaintiff rejected, so that Defendant claimed a defence under s.4(2) of the act.

  • Plaintiff sought to rebut this defence by saying that Defendant had reason to believe that facts to be false so that s.4(3) applied.

  • CA found for Defendant, saying that s.4(3) only applied where Defendant knew the facts were false, NOT that he ought to have known of the facts. 

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