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7. On the issue of limitation the Court held that “it is a well established principle of English law that each individual publication of a libel gives rise to a separate cause of action, subject to its own limitation period.” This follows the authority from Duke of Brunswick v Harmer and subsequent cases. The Times argued that the English courts should follow the approach taken in the United States and recognise a single publication rule. The Court rejected this argument, holding that whilst archives had a “social utility”, it was a “comparatively insignificant aspect of freedom of expression.”9 It accepted that the notion of permitting actions based on fresh disseminations was “at odds with some of the reasons for the introduction of a 12 month limitation period”, but considered that any resulting damages were “likely to be modest.”10

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