Jameel v Wall Street Journal Europe SPRL [2006] UKHL 44

Written By Nicolas Heyes

Basic Facts: D published an article alleging that C, a Saudi businessman, was being monitored for links to terrorism. C sued for defamation. 

Issue: Can a trading corporation sue without proving special damage? What is the scope of Reynolds privilege? 

Held: Appeal allowed; the defendant was not liable for defamation

  • Lord Bingham: Trading companies can sue for defamation without proving special damages if they have a reputation to protect. The Reynolds privilege applies if journalists act responsibly and in the public interest. 

  • Lord Hoffmann: Privilege must be earned through responsible journalism, considering public interest and the steps taken to verify the story. Commercial reputation is a commercial asset, and damages must reflect actual harm. 

  • Lord Scott: Emphasized responsible journalism and public interest as key factors in Reynolds privilege. 

Nicolas Heyes
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