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10/03/2006

BBC successfully defends High Court libel action

The BBC has successfully defended a libel action brought by a senior manager in the National Health Service who was accused of manipulating hospital waiting lists.
The case had been brought under the controversial conditional fee arrangements (CFA) which allow claimants to bring cases on what is popularly called "no win no fee basis" and where a successful claimant can recover up to double the usual legal costs.
Giving his judgement in the High Court, Mr Justice Gray said: "The importance of this case lies in the fact that it is concerned with institutional corruption within a public body which has gone unpunished."
The case arose from a broadcast on BBC Points West in Bristol during which a former employee of the Western General Hospital accused Mrs Marion Henry of being involved in the manipulation of hospital waiting lists in order to meet NHS targets.
Mrs Henry denied the claim and sued the BBC for libel.
Mr Justice Gray upheld the BBC's defence of justification and finding that the allegations made in the BBC Points West broadcast about Marion Henry were substantially true.
In summary, the Judge found that Marion Henry was aware of waiting list manipulation and permitted the manipulation to take place.
He also found that Marion Henry was involved in a cover up of her and other manager's involvement in the manipulation.
The report on Points West was compiled by the award-winning BBC Health Correspondent, Matthew Hill.
Mark Byford, the Deputy Director-General of the BBC, said: "This was an important case for the BBC to defend. Matthew Hill pursued the story with integrity, vigour and outstanding professionalism.
"It is important that media organisations have the courage to report serious allegations made by credible whistleblowers.
"This is particularly true in those cases brought under conditional fee arrangements where the legal costs involved can be prohibitive.
"It is very important that the CFA regime is not allowed to have a dampening effect on journalism of this kind."
It is understood that Mrs Henry is to appeal the decision.
(GB)
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