D v L

LORD JUSTICE LORD PHILLIPS OF WORTH MATRAVERS, MR LORD JUSTICE WALLER and LORD JUSTICE CARNWATH ____________________

(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Mr Peter Duckworth (instructed by Breakwells solicitors) for the Appellant Mr Rajeev Thacker, Ms Shanti Mauger (instructed by the Bar Pro Bono Unit and assisted by Freshfields Bruckhaus Deringer solicitors) for the Respondent ____________________

He then referred to A v B plc [2003] QB 195 at 204ff in order to identify "the something more" citing various propositions:

(i) The judge said he was being asked to rule in the abstract, there being no indication of what L intended to do, and no evidence of an intention to abuse her freedom of expression; L was entirely free to tell her side of the story and "it is accepted (recorded the judge) that she is free to say that D has admitted interest in and participation in [his proclivities including 'the additional aspect']"; it should not be decided in the abstract whether she should be deprived of proving the truth of her assertion, before the court knows what L intended to say, to whom and in what manner.