Defamation Flashcards

1
Q

Can claimant sue?

A

Derbyshire CC v Times Newspaper

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2
Q

Is it statement?

A

Monson v Tussauds

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3
Q

Was it published to a third party?

A

Ruth v Ruth

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4
Q

Physical Notice Board

A

Byrne v Dean

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5
Q

Online Blog

A

Tamiz v Google

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6
Q

Subscription based online site

A

Godfrey v Demon Internet Limited

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7
Q

ISP not liable

A

Burnt v Tilley

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8
Q

Refer by reference to appearance and namesake

A

J’Anson v Slint

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9
Q

Refer by wordplay

A

Byrne v Dean

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10
Q

Didn’t intend to refer to claimant, but shared name

A

Hulton v Jones

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11
Q

Can’t sue if statement is against class

A

Knupffer v London Express

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12
Q

Right minded person think less

A

Per Lord Atkin in Sim v Stretch

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13
Q

Shunned

A

Youssopoff v MGM Pictures

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14
Q

Open claimant to ridicule

A

Berkoff v Burchill

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15
Q

Whole context of article must be taken into account

A

Charleston v News Group Newspapers

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16
Q

Innuendo test is objective

A

Baturina v Times Newspapers

17
Q

False Innuendo

A

Lewis v Daily Telegraph

18
Q

True innuendo

A

Tolley v Fry

19
Q

Serious harm and probability

A

Lachaux v Independent Print Ltd

20
Q

Truth

A

Grobbelaar v NGN

21
Q

Honest opinion

A

BCA v Singh

22
Q

Qualified privilege

A

Reynolds v Times Newspapers

23
Q

Qualified privilege based on reciprocity

A

Adam v Ward

24
Q

Qualified privilege can be exceeded

A

Watt v Longsdon

25
Q

Responsible journalism test for public interest

A

Reynolds v Times Newspapers

26
Q

Offer to make amends

A

S. 22 Defamation Act 1996

27
Q

Offer to make amends cannot be made if D knew or thought statement to be defamatory

A

Milne v Express Newspapers

28
Q

Damages must be proportionate

A

Steel and Morris v UK

29
Q

Court unlikely to grant interlocutory injunction

A

Bonnard v Perryman, although orbiter pushback in R (Taveta Investments) v Financial Reporting Council