Lord Phillips

99. Although the judge considered, on the basis of Jameel, that responsible journalism did not require verification of the accusation made by the Article, his careful analysis of the evidence involved consideration of the evidential base of the allegations made in the Article. The judge concluded that the case against Sergeant Flood was not strong on the facts known to the journalists, but found it significant that the police appeared to have sufficient evidence to justify obtaining a search warrant and the other action that they took. There is a danger of using hindsight in a case such as this. My initial reaction on reading the facts of this case was that the journalists had been reasonably satisfied, on the basis both of the “supporting facts” and of the action of the police that there was a serious possibility that Sergeant Flood had been guilty of corruption. After a detailed analysis of the case I remain of that view. Contrary to the decision of the Court of Appeal, I consider that the requirements of responsible journalism were satisfied. I would allow this limb of the appeal.

Lord Browne

114. To my mind the critical question in this appeal – indeed the only real point of principle calling for decision – is whether it can ever properly be said to be in the public interest to publish, as here, the detailed allegations underlying a criminal investigation – to publish, in effect, a summary of the case against the suspect, reliant in part on anonymous sources, before even the police have investigated the allegations, let alone charged the suspect.

Fourth, the Judge assessed libel damages in respect of a “non-media” publication of a serious libel to a relatively small number of important publishees.  He pointed out that in 1993 the Court of Appeal had made an award of slander damages of £50,000 in respect of publication of an allegation of sexual harassment to a small number of individuals with whom the claimant had an existing professional relationship (Houston v Smith unreported December 16 1993; see Gatley on Libel and Slander 11th ed para A3.3) [97].   He made an award in the same sum to Mr Cooper and, in addition, an award of £30,000 to the Company.