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6. In Loutchansky, a Russian businessman brought two actions against The Times for libel. The first related to articles published in October 1999, which were subsequently placed on The Times’s online archive and were available for the public to access. The claimant brought a second action in December 2000 (more than one year after the original publication) in relation to the online archive. The Court of Appeal was asked to consider two issues in respect of the second action: the limitation period applicable to archives; and the nature of any privilege that should attach to them8.

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