Libel and Slaner Cases

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Bookbinder v Tebbitt [1989] 1 WLR 640

Facts: Bookbinder was councillor of Derby County Council and was suing Tebbit for comments made during a political meeting

Held: The case was not struck out on the ground that he was a public official. In other words, politicians and individuals who work for a Government body can bring a claim for defamation

Derbyshire CC v Times Newspapers [1993] AC 534

Held: If a government authority could bring actions in defamation that would silence political debate and be damaging to democracy. Lord Keith says there is “no public interest” in allowing government authorities to sue for libel as it would “place an undesirable fetter on freedom of speech”.

Gray v Jones [1939] 1 All ER 798

Facts: The defendant said the plaintiff (the claimant) "you are a convicted person. I will not have you here".

Held: This was a slander that was actionable per se (without proof of damage). It matters not that the allegation was that he had been convicted and was no in jeopardy of further conviction; what matters is the fact people will likely shun the plaintiff and exclude him from society

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McManus v Beckham [2002] EWCA Civ 939

Facts: The defendant (Victoria Beckham) was visiting a memorabilia shop. She saw autographed photos of her husband for sale. She thought they were forged so warned other customers not to buy them. Her words were reported in the press and, as a result, the business went insolvent.

Held: The defendant was held to be liable for her statement and the repeated words in the press, because the claimant suffered a measurable economic loss and it was a foreseeable that her words would be published (due to her status) and therefore damage is likely to occur

Walter J said that if “a reasonable person in the position of the defendant should have appreciated that there was a significant risk that what she said would be repeated in whole or in part in the press and that would increase the damage caused by the slander, it is not unjust that the defendant should be liable for it”

Roberts v Roberts (1864) 33 LJ QB 249

Facts: The defendant said the plaintiff (i.e. the claimant) was “as great a whore as any in the town of Liverpool”.

Held: This is clearly defamatory and could harm the plaintiff's reputation. However, it was held not to be slanderous because it did not cause her any economic loss. Cockburn CJ said this “is cruel”, but the mere fact that a member of the community shunned or avoided her is not sufficient

Wright v Gladstone [1927]

Facts: Wright wrote a biography about Gladstone (Prime Minister in Victorian era) in which he claimed Gladstone was unfaithful to his wife. The sons of Gladstone, who wished to protect his father’s reputation, went to their lawyers. But they said that they could not sue Wright in defamation because Gladstone is dead

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