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Clark v Associated Newspapers Ltd

[1998] 1 All ER 959

Case summary last updated at 29/01/2020 19:02 by the Oxbridge Notes in-house law team.

Judgement for the case Clark v Associated Newspapers Ltd

D wrote series of articles parodying style of C, a Conservative MP famous for writing diaries. Articles had headings such as ‘Alan Clark’s Secret Political Diaries’. Underneath title, D’s name was indicated in capital letters as author. C sued for false attribution under s.84. Held:
 
·       Relevant question is whether a reasonable viewer of work would believe C was author.
·       On facts, headings of articles gave rise to a clear false attribution.
·       Statement in capital as to actual author was insufficient to counteract this false attribution.

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