Facts
A councillor said at a council meeting that another councillor had misled the council. The statement was made on a privileged occasion. The trial judge found the speaker was prejudiced but honestly believed what he said.
Issue
What counts as malice that defeats ?
Held
The House of Lords held there was no malice. The speaker honestly believed his words were true, even though he was prejudiced and unreasonable.
Principle
Malice means using the privileged occasion for an improper purpose, such as spite or personal advantage. Honest belief in the truth of the statement is normally enough to keep the privilege, however irrational the belief.
Why it matters
The leading case on what malice means in .
Cited in these chapters
Cite this page
Horrocks v Lowe [1975] AC 135 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/horrocks-v-lowe> accessed 31 October 2026
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.