Qualified privilege

Underhill v Corser and Watson [2010] EWHC 1195 (QB); SJ 8 June p5

The 6024 Preservation Society exists to display to the public a steam engine, the X-Great Western Railway 6024 King Edward I, which was restored to working order from scrap and is now involved in special tours. Steven Underhill former chairman of the 6024 Preservation Society claimed that an editorial in the Society’s magazine written by Tim Watson accused him of ‘dishonest misappropriation’ of funds. One of offending passages complained:‘Some argued that the Society should turn a blind eye because of Mr Underhill’s role and his time with 6024. We might agree, except for one relevant concern: in understanding the rules and signing up to the principles, how can a trustee, for whom we are told 6024 has been everything, effectively damage the loco and members by disgracing the Society and knowingly depriving it of funds?’ The claimant accepted, subject to proof of malice, the defence that publication of the magazine to the Society’s 430 members was protected by qualified privilege; however, the magazine was also sent to 13 non-members through the non-member mailing list and none of these publications were on occasions of qualified privilege. The allegation was so serious that it was appropriate for the claim to proceed.