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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
In the case of Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch), the High Court has found that, for the purposes of establishing whether the English court has jurisdiction, a contract was formed in two different jurisdictions.
“Honest comment” on a matter of public interest is one of the principle defences to an action for defamation (the others being justification (i.e. truth), absolute and qualified privilege). The defence of honest comment (or fair comment as it used to be known) reflects the protection that English law affords to an honest person who expresses an opinion, however “prejudiced, exaggerated or obstinate” that view may be. Aside from the requirement that the comment must be on a matter of public interest, it must also be based on facts which are true and the comment must be recognisable as comment as distinct from an imputation or statement of fact. A statement of fact which is not true and tends to make people think worse of a person or exposes him or her to ridicule, may well be defamatory.
In the recent case of Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC), the High Court considered the extent to which a supplier must disclose information pursuant to an audit clause under a contract for the supply of goods and services.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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