Identification

Question 1

Knupffer v London Express (1944) HL 🇷🇺

Answer 1

Facts: The respondents published a newspaper article outlining that the Young Russia Party was associated with Hitler, there were many members of the group, but the applicant was the head of the UK branch.

Question 2

How must the publication identify the plaintiff?

Answer 2

The defamatory statement MUST refer to the plaintiff eg by naming them (but this is NOT a requirement)
It is enough that some people will link the statement with plaintiff (eg in a innuendo case)

Question 3

What does Lord Atkin say in Knupffer v London Express (1944) HL 🇷🇺?

Answer 3

• There are no special rules that apply to the defamation of a class of people
• The only relevant rule is that in order to be actionable the defamatory words must be understood to be about the plaintiff
• The facts that they are published about more than one person will NOT stop them from being defamatory if they are plainly published about the plaintiff

Question 4

Will statements about groups and generalisations be considered defamatory?

Answer 4

No, normally these statements about groups and their hyperbole generalisations, won’t be defamatory =

“habit of making unfounded generalisations is ingrained in uneducated or vulgar minds”