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Clark v Associated Newspapers Ltd [1998] 1 All ER 959

By Oxbridge Law TeamUpdated 04/01/2024 07:13

Judgement for the case Clark v Associated Newspapers Ltd

Table Of Contents

  • Defendant wrote series of articles parodying style of Claimant, a Conservative MP famous for writing diaries. Articles had headings such as ‘Alan Clark’s Secret Political Diaries’.

  • Underneath title, Defendant’s name was indicated in capital letters as author.

  • Claimant sued for false attribution under s.84.

Held

  • Relevant question is whether a reasonable viewer of work would believe Claimant 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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