Odger's English Common Law

PRIVILEGED REPORTS. 535
perform. 1 Any one who honestly believes he has a grievance
is entitled to seek redress in the proper quarter. 2 But he
must apply to a person who has some duty or interest in the
matter. It is not sufficient that the defendant honestly
believed that such person had jurisdiction. 3
(iv.) Communications based on Common Interest.— "When
two or more persons have a legitimate common interest in
any matter, all communications passing between them with
reference to that matter are privileged, e.g., communications
between partners, co-executors or co-trustees, two creditors
of the same debtor, two directors of the same company or
ratepayers of the same parish. 4
Privileged Reports.
Eeports of judicial and parliamentary proceedings—if fair
and accurate—are privileged at common law, because it is
a benefit to the public to be accurately informed as to such
proceedings. The Newspaper Libel and Eegistration Act,
1881, 6 and the Law of Libel Amendment Act, 1888,° conferred
a like qualified privilege upon reports of public meetings.
(i.) Reports of Judicial Proceedings. — Every fair and
accurate report of any proceeding in a Court of law is
privileged, unless the Court has itself prohibited the
publication, or the subject-matter of the trial is unfit for
publication. 7
This is so, even where an application is made
to the Court ex parte? " The general advantage to the
country in having these proceedings made public more than
counterbalances the inconvenience to private persons whose
conduct may be the subject of such proceedings." 9
If the
case lasts more than one day, reports may be published
separately of each day's proceedings, though all comment
1 Blackham v. Pugh (1816), 15 L. J. C. P. 290 ; Laughton v. Bishop of Sodor
and Man (1872), L. R. 4 P. C. 495 ; Baker v. Carriek, [1894] 1 Q. B. 838.
a Jenoure v. Delmege, [1891] A. C. 73.
3 Hebditch v. Maollwaine, [1894] 2 Q. B. 54.
* Spill v. Maule (1869), L R. 4 Ex.232 ; Hunt v. 6>.X By. Co., [1891] 2 Q. B. 189.
« 44 & 45 Vict. c. 60.
s 61 & 52 Vict. c. 64.
' Steele v. Bran-nan (1872), L. R. 7 C. P. 261.
8 Usill v. Hales (1878), 3 C. P. D. 319 ; Kimber v. The Press Association, Ltd.,
[1893] 1 Q. B. 65.
9 p J
er Lawrence, J., in B. v. Wright (1799). 8 T. R. at p. 298.