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Orion wins landmark libel case

11.10.07 Joel Rickett

Orion has triumphed in a landmark libel case, setting a positive precedent for all publishers of non-fiction. In the long-running case about Bent Coppers by Graeme McLagan, the Court of Appeal today ruled that the Orion Publishing Group and McLagan could rely upon the defence of qualified privilege (the so-called “Reynolds Defence”), overturning a previous ruling in July 2006. The claimant, former Metropolitan Police detective constable Michael Charman (backed by the Police Federation), will have to pay 75% of Orion’s costs – expected to be near £2m.

Peter Roche, c.e.o. of Orion, said: “We are delighted to report that our appeal against the decision in July 2006 has been allowed. This is a very important decision as it is the first time that the so-called ‘Reynolds Defence’ has succeeded in the publication of a book. This judgement will enable serious investigative works covering matters of public concern to be published in future and increase the freedom of debate in the UK.”

Michael Charman’s case was that the book libelled him by suggesting that there were “cogent grounds” of suspecting him of being involved in corruption. But Orion’s solicitor Wiggin LLP argued that McLagan had taken steps to verify the story and that as a result of his honesty, his expertise on the subject, his careful research and his painstaking evaluation of a mass of material, the book was protected by “Reynolds” qualified privilege. The appeal court agreed.

“For too long newspapers and book publishers have been deterred from publishing serious investigative journalism by the threat of incredibly complex and expensive libel proceedings if they made the slightest error,” said Caroline Kean of Wiggin. “This judgment is a breath of fresh air, building on the decision last year by the House of Lords in Wall Street v Jameel which expressly stated—in relation to a newspaper article—that the defamation laws should encourage, rather than discourage, serious journalism.”

McLagan added: “This is a victory for solid, responsible investigative journalism. Exposing police corruption is obviously in the public interest, as was recognised by the trial judge, the Appeal Court and even by Michael Charman’s own defence team. I am very grateful to many people: my publishers, Orion, for going ahead with my book Bent Coppers—The inside story of Scotland Yard’s battle against police corruption, knowing it was a difficult subject; to the insurers, Hiscox, who had faith in me and were determined to fight this to the end; and to my legal team, led by Adrienne Page QC, and solicitor Caroline Kean, of Wiggin, who put in an enormous amount of work to right an injustice.”

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