The court discussed the differing responsibilities of the judge and jury in defamation cases: ‘It is not, however, open to the judge to say that the words do bear a defamatory meaning, that is for the jury, but the jury must have evidence upon which they can found their verdict and if there is no evidence upon which they can find that the words were not defamatory, or if it can be conclusively proved that they have not exercised any reasonable discretion at all, an Appellate Court may grant a new trial.’
Sankey LJ
(1928) 44 TLR 339
England and Wales
Cited by:
Cited – Safeway Stores Plc v Albert Tate CA 18-Dec-2000
The respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 22 January 2022; Ref: scu.182788