header-logo header-logo

14 June 2012
Issue: 7518 / Categories: Case law , Law reports , In Court
printer mail-detail

Defamation—Privilege—Qualified privilege

Thour v Royal Free Hampstead NHS Trust [2012] EWHC 1473 (QB), [2012] All ER (D) 21 (Jun)

 

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll