The court considered whether an article published in the British Medical Journal was capable of bearing a meaning defamatory of the plaintiff dentist. The article made an attack upon the plaintiff’s technique for anaesthesia.
Held: Words may be defamatory of a professional person if they impute a lack of knowledge, judgment, efficiency or competence in the conduct of that person’s profession. Lord Denning said that the question that arose was: ‘are these words reasonably capable of being understood as being defamatory of the plaintiff? Understood, that is, by the sort of people likely to read them. These are, I take it, the medical men who read the British Medical Journal’ and ‘words may be defamatory of a trader or business man or professional man, although they do not impute any moral fault or defect of personal character. They [can] be defamatory of him if they impute lack of qualification, knowledge, skill, capacity, judgment or efficiency in the conduct of his trade or business or professional activity.’
A reasonable cause of action, according to Pearson LJ, connotes a cause of action which has some chance of success when only the allegations in the pleading are considered. As long as the statement of claim discloses some cause of action, or raises some question fit to be decided at the trial, the mere fact that the case is weak and is not likely to succeed is no ground for striking it out. Where a statement of claim is defective only in not containing particulars to which the defendant is entitled, the application should be made for particulars under O 18 r 12 and not for an order to strike out the statement.
Lord Pearson’s said that in principle: ‘Words may be defamatory of a trader or business man or professional man, though they do not impute any moral fault or defect of personal character. They can be defamatory of him if they impute lack of qualification, knowledge, skill, capacity, judgment or efficiency in the conduct of his trade or business or professional activity.’ and
‘ I doubt whether the analogy sought to be drawn in the present case between a trader’s goods and a professional man’s technique is sound. Goods are impersonal and transient. A professional man’s technique is at least relatively permanent, and it belongs to him: it may be considered to be an essential part of his professional activity and of him as a professional man. In the case of a dentist it may be said: if he uses a bad technique he is a bad dentist and person needing dental treatment should not go to him. ‘
Sir Gordon Willmer referred to the importance of considering the person, or class of persons, whose reaction to the publication should be the test of the wrongful character of the words used. His Honour considered that, because the article was of a highly technical nature, dentists were the class of persons whose reaction to the publication was to be considered.
Judges:
Lord Denning MR, Pearson LJ
Citations:
[1970] 1 WLR 688, [1970] 1 All ER 1094
Jurisdiction:
England and Wales
Citing:
Cited – South Hetton Coal Company Ltd v North Eastern News Association Limited CA 1894
The plaintiff company sued for defamation in respect of an article which alleged that it neglected its workforce. The defendants contended that no action for libel would lie on the part of a company unless actual pecuniary damage was proved.
Cited by:
Cited – Dee v Telegraph Media Group Ltd QBD 28-Apr-2010
The newspaper sought summary judgment in its defence of the defamation claim. The article labelled the claimant as the world’s worst professional tennis player. The paper said he had no prospect of succeeding once the second article in the same . .
Cited – Berkoff v Burchill and and Times Newspapers Limited CA 31-Jul-1996
The plaintiff actor said that an article by the defendant labelling him ugly was defamatory. The defendant denied that the words were defamatory.
Held: It is for the jury to decide in what context the words complained of were used and whether . .
Cited – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 18 June 2022; Ref: scu.408771