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Bolton v O’Brien; 11 Jan 1885

References: (1885) QB Div vol XVI LR Ir 97
Coram: May CJ, O’Brien J
Ratio On a motion for a new trial in a claim in defamation, a majority of the court held that passages in the same newspaper which were not complained of might be adduced in evidence to illustrate the meaning of the passages complained of. At the trial, both counsel had read and commented on the various passages without objection.
May CJ said: ‘I have reason to think that Mr. Justice O’Brien entertains doubts as to the legal propriety of adducing in evidence other passages in the same newspaper in order to illustrate the meaning of the passages charged to be libellous. I cannot say that I concur in those doubts. If the language be ambiguous as to the nature of the felony imputed in this particular passage, it appears to me that other passages in the same newspaper, by the same person, dealing with these matters are properly admissible in order to remove such ambiguity.’
Ratio O’Brien J dissented, saying that such passages other than those complained of were not evidence to affect the defamatory sense unless ‘directly referred to, and in that way virtually made part of the libel.’
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Last Update: 20-Apr-16
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