Tort - Defamation Cases

Question 1

Sim v Stretch

Answer 1

Maid case - borrowed money.

Words are defamatory when they lower the claimant in the eyes of right-thinking members of society.

Question 2

Youssoupoff v MGM

Answer 2

Princess & Rasputin

Words are defamatory when they cause claimant to be shunned and avoided.

Question 3

Parmiter v Coupland

Answer 3

allegedly corrupt mayor articles

Words are defamatory when they expose the claimant to hatred, contempt and ridicule.

Question 4

J’Anson v Stuart

Answer 4

“Swindler” + ‘name was very similar to…”

Where C is not named, test is whether the description was so detailed that a reasonable person would assume the article was about C.

Question 5

Campell v MGN

Answer 5

Misuse of private info

C photographed leaving rehab

C can claim breach of confidence where:

1) info was private (C had reasonable expectation of privacy)
2) there is no legitimate public interest in disclosing the information (i.e. proof o flying, illegal behaviour, political figure’s role in public life).

Question 6

Lewis v Daily Telegraph

Answer 6

Must consider the true meaning of the words

All statements are presumed to be false until proven by D (defence of truth - complete defence)

Question 7

Charleston v Mirror Group Newspapers Ltd

Answer 7

Must consider the entire context in which the statement was made.

Question 8

Allsop v Church of England Newspaper Ltd

Answer 8

Consider Innuendo, extended meaning or slang

Question 9

Cassidy v Daily Mirror

Answer 9

Consider the extended meaning through the extrinsic facts known to the people to whom the statement is published

Question 10

Hulton v Jones

Answer 10

No need to reference the exact name, as long as reasonable person would understand it to be referring to C.

Question 11

Knupffer v London Express Newspaper

Answer 11

In general, a member of a group cannot sue because his group / class has been defamed.

Question 12

Foxcroft v Lacey

Answer 12

Member of can sue for defamation of group if group is small enough to reflect upon each member inc. C

Question 13

McManus v Beckham

Answer 13

e.g. of publication/communication:

Overheard conversations

Question 14

Vizetelly v Mudie’s Select Library Ltd

Answer 14

letters not foreseeable to be read by third party and statements later repeated by someone else are not publications.

Question 15

Godfrey v Demon Internet Ltd

Answer 15

Publication on the internet.

Question 16

Defamation Act 2013 s3

Answer 16

Honest Opinion defence:

a) (s3(2)) statement complained of was a statement of opinion
b) (s3(3)) statement indicated, whether in general or specific terms, the basis of the opinion
c) (s3(4)) an honest person could have held the opinion on the basis of:
(i) any fact that existed at the time the statement was published
(ii) anything asserted to be a fact in a privileged statement published before the statement.

S3(5) - Malice - Defence can be defeated by showing D didn’t hold opinion.

Question 17

Defamation Act 2013 s4

Answer 17

Absolute Privilege defence - matter of public policy and is an absolute defence:

s4(1)(a) - Public interest
s4(1)(b) - Act responsibly

Examples include:

• Parliamentary statements
• Parliamentary reports
• Statements made by spouses to each other
• Statements made in judicial proceedings
• Statements made between Client and lawyer (More v Weaver)

Question 18

More v Weaver

Answer 18

Statements made between client and lawyer are privileged.

Question 19

Adam v Ward

Answer 19

Where there are legal or moral reasons to inform and be informed of a statement - statement is privileged.

Question 20

British Chiropractic Association v Singh

Answer 20

Scientific and academic writing is privileged.

Question 21

Defamation Act 2013 S1(3)(c)

Answer 21

Defence of Innocent Dissemination:

1. Not author, editor or publisher
2. Reasonable steps to ascertain whether defamatory
3. No knowledge that material was defamatory

Question 22

Defamation Act s2

Answer 22

Offer to make amends - where D has published innocently and has taken reasonable steps to ensure its accuracy.

Question 23

Hinderer v Cole

Answer 23

Defence of consent