Supreme Court Rules 2000

This rule applies to – a defence of qualified privilege under section 30 of the Defamation Act 2005; and any other defence of qualified privilege other than – a defence under section 16 of the Defamation Act 1957 or section 28, 29 or 31 of the Defamation Act 2005; or a defence of fair comment at common law.

A defence to which this rule applies is sufficiently pleaded if it alleges that the matter complained of was published under qualified privilege.

Without limiting rule 263C, the particulars required by rule 263A(1) for a defence to which this rule applies must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the imputation or matter complained of was published under qualified privilege.