Words which would not otherwise have been defamatory can become so because of circumstances. The intention of the defendant is irrelevant: ‘Liability for libel does not depend on the intention of the defamor; but on the fact of defamation.’
Scrutton LJ said: ‘I agree with the view expressed arguendo by Sir Montague Smith in the case of Simmons v. Mitchell (1880) 6 App. Cas. 156, 158.: The Judge must decide if the words are reasonably capable of two meanings; if he so decide, the jury must determine which of the two meanings was intended; and by intended I understand that a man is liable for the reasonable inferences to be drawn from the words he used, whether he foresaw them or not.’
Judges:
Russell LJ, Scrutton LJ
Citations:
[1929] 2 KB 331
Jurisdiction:
England and Wales
Cited by:
Cited – Freeguard and Another v Martlet Homes Ltd CA 4-Dec-2008
The claimant complained of a defamation alleged in the words ‘Let me know if he is abusive to you’.
Held: The claim failed. The words complained of did not carry a defamatory meaning. There was no innuendo present: ‘no jury with its feet on . .
Cited – Baturina v Times Newspapers Ltd CA 23-Mar-2011
The claimant appealed against directions given in her defamation action against the defendant. It had been said that she owned a house, and the defendant said that this was not defamatory. The claimant said that as the wife of the Mayor of Moscow . .
Cited – Economou v De Freitas QBD 27-Jul-2016
Failed action for defamation on rape allegations
The claimant had been accused by the defendant’s daughter of rape. He was never charged but sought to prosecute her alleging intent to pervert the course of justice. She later killed herself. The defendant sought to have the inquest extended to . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 13 September 2022; Ref: scu.319877