In an action for libel, to support a plea of justification stating that the plaintiff had forged and uttered, knowing it to be forged, a certain bill of exchange, to justify a verdict for the defendant, the same evidence must be given as would be necessary to convict the plaintiff If he were on trial for those offences ; but if the evidence falls short of satisfying the jury that the strict legal offence was committed, they may take the facts proved into their consideration in estimating the damages. If the declaration in case for a libel state, inter alia, that at a certain place certain meetings for the promotion of seclition and blasphemy had been held, and that the deferidant published of and concerning the plaintiff, and of and concerning the other matters, and of and concerning the said meetings, a libel charging him among other things with having taken the chair at the said place, but not saying anything of the character of the meetirigs there, it will not be ground of nonsuit should the plaintiff at the trial fail to prove that the meetings were such as he described in his inducement.
Citations:
[1834] EngR 898, (1834) 6 Car and P 475, (1834) 172 ER 1326
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Turner v News Group Newspapers Ltd and Another CA 16-May-2006
Application to determine compensation for admitted defamation.
Keene LJ considered both Pamplin and Burstein as bases for reliance upon other ‘misconduct’ of a claimant to reduce damages: ‘it needs to be borne in mind that the principle of . .
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 18 May 2022; Ref: scu.317574