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03/02/2020 Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016) [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] England and Wales High Court (Queen's Bench Division) Decisions You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016) URL: http://www.bailii.org/ew/cases/EWHC/QB/2016/1853.html Cite as: [2016] EWHC 1853 (QB) [New search] [Printable RTF version] [Help] Neutral Citation Number: [2016] EWHC 1853 (QB) Case No: HQ15D01507 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL 27/7/2016 Before: MR JUSTICE WARBY ____________________ Between: Alexander Economou Claimant - and – David de Freitas Defendant ____________________ Jonathan Barnes & Gervase de Wilde (instructed by Fieldﬁsher ) for the Claimant Manuel Barca QC & Ian Helme (instructed by Hanover Bond Law) for the Defendant Hearing dates: 13-17, 20, 22 June 2016 ____________________ HTML VERSION OF JUDGMENT APPROVED ____________________ Crown Copyright © INDEX Section www.bailii.org/ew/cases/EWHC/QB/2016/1853.htm Paragraphs 1/58

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Alexander Economou v. de Freitas

Case Law

Country

United Kingdom

Country Location

Latitud: 52.32950805122076

Longitud: -1.4047851562500706

Country Location (vinculado Case Law): United Kingdom

Decision Date: 27 jul 2016

Case Status: Cerrado

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Judgment in Favor of Defendant

Keywords

Defamation
Freedom of Expression
Public Interest

Judicial Body: First Instance Court

Case Number: 2016 EWHC 1853 (QB)

Case Summary: The U.K. High Court ruled in favour of the Defendant holding that the ‘public interest' defense in Section 4 of the Defamation Act 2013 was made out in respect of the publication of defamatory statements about the Claimant. The Claimant, Alexander Economou, brought defamation proceedings against David de Freitas in relation to published statements detailing how his daughter had killed herself after being put on trial for allegedly fabricating a rape allegation. The Court said that two of the seven publications complained of by the Claimant were actionable because they specifically identified him and caused him serious harm. However it reasoned that the ‘public interest’ defence was made out in respect of all seven publications because they raised questions into the conduct of the Crown Prosecution Service (CPS), whether there was sufficient evidence to prosecute the Defendant’s daughter and whether her vulnerable mental state was properly considered by the CPS before proceeding. In reaching its decision, the Court said that the central dispute was not whether the publications concerned matters of public interest (because alleged misconduct by a public body clearly is), but rather whether the Defendant “reasonably believed that publication of the particular statement was in the public interest". The Court noted that "there is little scope under Art.10(2) of the Convention for restrictions on… questions of public interest…" and stressed "the need to demonstrate convincingly that a restriction on Article 10(1) rights is necessary and proportionate in pursuit of an identified legitimate aim".

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source Name and URL: Columbia Global Freedom of Expression

Collection

CIPIT

Date Updated: 11 may 2024

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Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016).pdf
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Alexander Economou v. de Freitas

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