Reynolds defence resurgent

Today was a great day for the Reynolds defence and investigative journalism, after Graeme McLagan’s victory in the Court Of Appeal. McLagan won his libel case against former policeman Michael Charman.

The Court of Appeal reversed last years High Court ruling, which found for Charman. The defence McLagan successfully used is based on qualified privilege at common law, and enables journalists to publish defamatory material in the public interest. However, the Reynolds defence has previously only enjoyed limited success and has been surrounded by a lot of uncertainty.

The original action was initiated by Charman in response to McLagan’s book, Bent Coppers.

Today’s decision is also a rare reverse for the Police Federation. The organisation is well known for vigorously defending the reputation of police officers in England and Wales.

Investigative journalism has been harder to practice in recent years. The sheer complexity and cost of libel actions means newspapers and broadcaster are often reluctant to defend them. This has been exacerbated by Conditional Fee Arrangements and the unpredictability decision making of juries.

However, McLagan’s success may reinvigorate his profession and colleagues. Hopefully there will be more sleepless nights for the fat cat businessmen, corrupt officials and common criminals who profit from the misery of others.