Case Analysis: Defence of Honest Opinion Holds True for the British Medical Association (Whyte v BMA)
This case comment was written for Entertainment Law Review.
In Whyte v BMA the High Court entered summary judgment in the defendant’s favour as a result of a libel claimant having no real prospect of successfully defeating the defendant’s honest opinion defence at trial. (1) Johnson J’s judgment provides helpful guidance on the use of the statutory honest opinion defence (formerly known as the “fair comment” defence) against a cl…