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 the ground and its head in the real world could sensibly regard this handwritten compliment slip as containing more than an offer to step in if the neighbour with whom the recipient of the slip was in dispute were to become abusive or otherwise difficult.’

Lord Justice Sedley, Lord Justice Keene and Lady Justice Smith
[2008] EWCA Civ 1577
Bailii, Times
England and Wales
Citing:
CitedCassidy v Daily Mirror CA 1929
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.’
CitedLewis v Daily Telegraph Ltd HL 1964
Ascertaining Meaning of Words for Defamation
The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of . .

Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 01 November 2021; Ref: scu.291912