Local Authorities and Libel Again

Abstract

In Derbyshire County Council v Times Newspapers,1 the House of Lords ruled that local authorities may not sue in libel. This decision affirmed a decision of the Court of Appeal,2 but on a significantly different basis. The Court of Appeal had held that the common law was ambiguous as to whether local authorities may sue for libel, and that therefore recourse to the European Convention on Human Rights was justified. After consulting the Convention, the Court of Appeal decided that such suits should not be allowed. The House of Lords noted the approach of the Court of Appeal, but concluded that recourse to the Convention was not necessary. Lord Keith, giving the only speech,3 stressed that he was basing his decision 'upon the common law of England, without finding any need to rely upon the European Convention.'4 This note will first consider the arguments used by Lord Keith in the House of Lords, and will then go on to discuss the issues raised by the Court of Appeal that have been left unresolved by the Lords. This discussion will illustrate four key mysteries which have been left unresolved by this case.