Defamation—Privilege—Qualified privilege

Queen’s Bench Division, Tugendhat JM, 29 May 2012

A defence of qualified privilege was made out in respect of a claim for libel based on a reference given by a former employer, an NHS trust, to the claimant’s prospective employer, another NHS trust. 

The claimant appeared in person. Sarah Palin (instructed by Radcliffes Le Brasseur) for the defendant.
 

In September 2009, the claimant applied to an NHS trust for a job. Following an interview, he received a conditional offer for the position, subject to satisfactory references. The defendant NHS trust, for whom he had previously worked, supplied a reference by his former supervisor, NB, which stated that it would not reengage him. NB stated that during the claimant’s time with the defendant he was “under investigation following allegations of aggressive behaviour. He resigned during the investigation process and therefore no formal action was taken. As this involved several different members of my staff I would not re-employ him”. In November, the claimant was informed that the