Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB tort law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Tort Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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Requirements for Defamation
Is the statement defamatory?
May be either express of veiled (innuendo)
Express statement = “C works for the Mafia”
Innuendo
True (legal)
One where attack is hidden without knowledge of special terms used
Which C must show the receivers of the statement would be able to interpret correctly.
E.g. A publishes that “C works for the Family Business”
When C’s father has been found guilty of organised crime
On its own, would not be an attack
With the special knowledge = legal innuendo and potential defamation.
Cassidy v Daily Mirror Newspaper Ltd [1929]:
X announced his engagement to Z, which was published in a newspaper (D). Unbeknown to D, A was actually married to X, and as such her acquaintances’ estimations of her lowered.
Scrutton LJ:
If D publishes words reasonably capable of being read as relating directly / indirectly to A
And to those who know extraneous facts about A the words are capable of a defamatory meaning,
D must take the consequences of the defamatory inferences.
False (popular)
Where a reasonable person would infer the defamatory statement from what is published
E.g. A publishes that “C works for the Family business”
Which C then proves is a well known slang term for the mafia
Thus, ordinary person would draw inference that C works for mafia without any special knowledge beyond that of well-known slang.
Lewis v Daily Telegraph [1964]:
D published two reports which alleged the police were inquiring into C’s business. C alleged that people would draw the conclusion that C was being investigated for fraud.
Lord Reid:
Sometimes the libellous sting is contained in the words themselves
On other occasions the sting is not so much in the words themselves
But in what the ordinary person will infer from them.
General principle =
Would ordinary reasonable man understand words of to expose C to hatred/contempt/ridicule?
Lord Hodson:
There is one cause of action for the ordinary meaning of words
And another for “true” innuendo that depends on extraneous facts to give defamatory meanings to words
But not another cause of action for “false innuendo”.
But must harm C’s reputation
Definition of harm to reputation
Scrutton LJ in Tournier v National Provincial Bank:
Where words in mind of a reasonable man calculated to expose C to hatred, ridicule or contempt.
Youssoupoff v. MGM Pictures Ltd:
Scrutton LJ
C has right to have his reputation unaffected by false discrediting allegations
If false allegations made without lawful excuse causing damage
he has a right of action
Slesser LJ:
Defamatory not only for hate and ridicule
But also if C thereby becomes shunned and avoided without any moral discredit on C.
Lord Atkin in Sim v Stretch:
Words that tend to lower the plaintiff in the estimation of right-thinking members of society generally
Giliker: Thus, fact your reputation is lowered in the eyes of your mates who might not be held to this same standard is irrelevant
E.g. being falsely accused of reporting illegal betting machines to police, who then remove them
Might lower your reputation in the eyes of those in the golf club who like to use them
But not reasonable people who would consider this accusation to be a compliment.
Berkoff v Burchill [1996]:
D wrote an article where she humorously expressed the view that Berkoff, a director, was hideously ugly. Berkoff sued.
Niell LJ (maj)
Reputation = all aspects of C’s standing in the community.
Bad manners and comments that cause hurt and annoyance are not the same as attacks on character
But you have to look at context as a whole to see if they damage C’s reputation.
Millet LJ (dis)
A decision that it is an actionable wrong to poke fun would be an unwarranted restriction on free speech.
People should be allowed to do this without fear of litigation.
Insults may ridicule a man
But they don’t expose him to ridicule
And only in the latter case should defamation lie.
Giliker: Courts will generally take a contextual view when deciding whether a statement is defamatory or not
While taking the approach of a reasonable person in that context
Thus facts of the case are very important.
Does the statement refer to C?
Is a simple matter where C is named. But where C isn’t named....
Morgan v Oldham Press [1971]:
Lord Morris
Where C is not named,
the test which decides whether the words used refer to him
is the question whether the words are such as would reasonably lead persons acquainted with C
to believe that he was the person referred to
Lord Reid
CoA wanted an extra requirement – that must be “initials, some asterisk, some reference to him” in article in order to identify C
BUT Making a reference to Y
Could lead to defamation on Z, even though he’s not actually identified or referenced
And it would be unfair in many cases to deny Z an action
Lord Guest (dis)
Should not be sufficient for the reader to say “I wonder if the article refers to C”
Nor that a reasonable person believes that the words refer to the plaintiff.
The ordinary reader must have rational grounds for his belief that the words refer to the plaintiff.
Cassidy v Daily Mirror Newspapers [1929]:
Scrutton LJ
One must consider not what the words are
But would conclusions could be reasonably drawn from it
Alleged libel doesn’t mention H
But words published about H may then be defamatory to P
E.g. “H has taken to drink, it is hereditary”
Although doesn’t mention H’s parents
To persons who know H’s parents it is potentially defamatory.
Giliker: Thus, although specialists might be able to draw the conclusion that C is not referred to
If an ordinary person would only scan the article
And this scan would lead them to believe C was referred to
This latter approach would be taken by the court when assessing...
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Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB tort law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Tort Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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