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Lies, damn lies and legal niceties: Sarah Webb on defamation, privacy and confidentiality

This episode of the Law Report focuses on the developing areas of defamation, privacy and confidentiality. This is an intermediate level course.



Defamation is often seen as a common law tort, but the Defamation Act 1996 made some substantial changes, in particular to the limitation period and by introducing a protection for innocent disseminators.

Further legislation in this area of law includes the Human Rights Act of 1998, which led to the development of a right of privacy, and the Data Protection Act 1996, which gives some guidance in defining “private information”.

The information in this podcast represented the legal position when it was recorded in August 2007.

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Aims and Outcomes

This podcast explores the defamation, privacy and confidentiality laws.

It will be useful for any lawyer with an interest in these subjects, particularly the impact of the Human Rights Act.

The interview lasts for 29 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

The interviewer for this podcast is Fraser Whitehead, who also sets the questions.

Learning outcomes

After listening to the interview, you will understand:

  • The impact of the 1996 Defamation Act, in particular the protection for innocent disseminators
  • How to prove defamation and the defences against a defamation claim
  • The protection of qualified privilege and when this is lost
  • The difference between malicious falsehood and defamation
  • How damages are assessed
  • The impact of the Human Rights and the Data Protection Acts
  • The difference between the laws of defamation, privacy and confidentiality
  • The evidential pitfalls for confidentiality and privacy claims
  • Funding for defamation, privacy and confidentiality cases
Sarah Webb
Sarah Webb

Sarah Webb is Head of the Litigation, Business and Private Client Group at Russell Jones & Walker (RJW). Her main areas of work include defamation/media law, reputation management and commercial litigation.

Sarah has represented a wide range of clients including prominent MPs, judges, solicitors, leading public schools and other individuals.

Sarah acts for both claimants and defendants.

Most recently Sarah has defended an employee for computer giants CISCO, acted for the Manchester Evening News, and defended the National Autistic Society against libel proceedings.

She has also successfully concluded proceedings on behalf of the Chief Constable of Kent and advised the retired Chief Whip in the House of Lords, Lord Carter.

Sarah is a regular lecturer in privacy law and developments for Central Law Training and a presenter for Legal Network Television. She also provides pre-publication advice and reputation management advice to PR agents.

She has a particular interest in equine matters, is a member of the Equine Lawyers Association and has a regular legal column in an equine magazine.

She articled at McDonald Stacey, qualified in 1983 and joined RJW, where she has been a partner since 1990.

The Legal 500, 2006 edition wrote:

“Sarah Webb has the perfect balance of being sensible and easy to deal with, but not a soft touch.”

Sarah is recommended in the 2007 edition of Chambers & Partners, which says she is "approachable, pragmatic and client-focused".