Article contents
Moot Case on Defamation1
Published online by Cambridge University Press: 16 January 2009
Extract
The following judgment was delivered:—
The facts of the cases now before us, which have been consolidated for the purpose of this hearing, fall within a narrow, perhaps too narrow, compass.
- Type
- Research Article
- Information
- Copyright
- Copyright © Cambridge Law Journal and Contributors 1948
References
2 Morris v. Langdale (1800), 2 Bos, & P. 284, but compare Barnett v. Allen (1858), 3 H. & N. 376.
3 Sim v. Stretch, [1936] 2 All E.R. 1237, 1240, H.L.
4 National Service (Armed Forces) Act, 1939, s. 5.
5 Lord Camrose v. Action Press Ltd., Argus Press Ltd, and John Beckett, 1936 C. No. 1252. Times Newspaper, Oct. 14, 15, 16, 1937. Hilbery, J. and a special jury. And see Burns v. Associated Newspapers (1925), 42 T.L.R. 37, Astbury, J.
5a A strong Court of Appeal (Greene, M.R., Asquith and Evershed, L.JJ.) has very recently held in Braddock v. Bevins, [1948] 1 All E.R. 450, that the following words were capable of a defamatory meaning as an attack upon the political sincerity and political integrity of the plaintiff: ‘I am horrified that the Socialist M.P. for this division… should persistently take sides with the Soviet Government and the British Communist Party”.
6 [1937] 1 K.B. 818, C.A., Greer, L.J. dissenting.
7 See particularly [1937] 1 K.B. at p. 841.
8 See Youssoupoff v. Metro-Goldwyn-Mayer Pictures, Ltd. (1934), 50 T.L.R. 581, C.A.
9 Textbook, 3rd ed., p. 237–8.Google Scholar
10 10th ed., by Dr. Stallybrass, p. 371.
11 14th ed., by P. A. L. Landon, p. 188 n.
12 Forrester v. Tyrrell (1893), 9 T.L.R. 257, C.A.
13 Meldrum v. Australian Broadcasting Co., Ltd., 1932, Vict, L. R. 425, and see 51 L.Q.R. 573.
14 Collected in 46 Harvard Law Review 133
15 The Times Newspaper, Oct. 8, 1940.Google Scholar
16 Cf. Holdsworth, 8 H.E.L. at p. 367.
17 Gatley on Libel and Slander, 3rd ed., p. 61.Google Scholar
18 [1916] 2 A.C. 481.
19 Ib. id., at p. 493–4.
20 [1916] 2 A.C. 481.
21 (1937), 54 T.L.R. 289, 291, C.A.
22 Compare Knupffer v. London Express Newspapers, [1944] A.C. 116.
- 1
- Cited by