Modi and Another v Clarke: CA 29 Jul 2011

The claimants, organisers of the Indian Premier cricket League, met with organisations in England seeking to establish a similar league in the Northern Hemisphere. A copy of a note came to the defendant, chairman of the England and Wales Cricket Board, who in turn wrote to the President of the Indian Board in terms said by the claimant to be defamatory.
Held: The words complained of were capable of bearing one of the defamatory meanings alleged namely that of acting dishonourably and disloyally and not simply in a robust competitive manner. However, it is not enough that the words should damage the Claimant in the eyes of a section of the public only.

Lord Neuberger MR, Thomas, Moses LJJ
[2011] EWCA Civ 937
England and Wales
CitedClay v Roberts 1863
Pollock CB considered the requirements for words to be considered defamatory and said: ‘There is a distinction between imputing what is merely a breach of conventional etiquette and what is illegal, mischievous, or sinful.’ . .
CitedMyroft v Sleight 1921
The plaintiff, a trawler skipper sailing out of Grimsby, was a member of the Grimsby Fishermens’ Trades Union. A committee member was the defendant. The plaintiff was among those voting for a strike, and an unofficial strike was called. The . .
CitedJeynes v News Magazines Ltd and Another CA 31-Jan-2008
Whether Statement defamatory at common law
The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual.
Held: The appeal failed.
Sir Anthony . .
CitedTolley v J S Fry and Sons Ltd HL 1931
The plaintiff was an amateur golfer. The defendant, without the plaintiff’s knowledge or consent, published adverts showing the plaintiff and his caddy each with bars of the defendant’s chocolate protruding from their back pockets. The plaintiff . .
CitedTolley v J S Fry and Sons Ltd CA 1930
The plaintiff, a famous amateur golfer, had been shown in an advert by the defendants with a bar of their chocolate in his pocket. He claimed that this suggested that he had taken money for the advert for the endorsement, and that this was . .
CitedGillick v Brook Advisory Centres QBD 2002
The claimant asserted that the defendant had defamed her in a leaflet. The defendant asked the court to determine that the pamphlet did not carry a defamatory meaning.
Held: Eady J formulated the principles applicable when determining meaning: . .
CitedHughes v Architects’ Registration Council of the UK 1957
The plaintiff appealed against a finding of the defendant disciplinary body. Devlin J said: ‘There is something more important than the standing of a profession about which the council is naturally and properly concerned. There is the right of every . .
CitedSkuse v Granada Television CA 30-Mar-1993
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six.
Held: The court should give to the . .
CitedThornton 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 . .

Cited by:
CitedCrow v Johnson QBD 16-Jul-2012
The claimant union leader sought damages in defamation against the mayor of London with regard to election leaflets. The defendant denied any defamatory meaning.
Held: The words in the leaflet that Mr Crow complained of were within the . .
CitedRufus v Elliott QBD 1-Nov-2013
The parties were former footballers involved in charitable works. The claimant said that an allegation by the defendant that he the claimant had released for publication a text message in which the the defendant was said to have used extremely . .
CitedUppal v Endemol UK Ltd and Others QBD 9-Apr-2014
The claimant alleged defamation by other contestants at the time when she was participating in the defendants’ TV show, Big Brother. The defendants had broadcast the material. The defendant now sought a ruling that the words complained of were not . .
CitedElliott v Rufus CA 20-Feb-2015
The parties were former footballers and business partners they fell out and the defendant was said to have sent and extremely offensive text message. After a copy was published, the defendant published a press release which the claimant now said was . .
CitedMonroe v Hopkins QBD 10-Mar-2017
The claimant, a transgender chef and food blogger claimed in defamation against the defendant journalist in respect of two tweets. The court now set out to decide the meanings, whether they were defamatory by nature, and whether the serious harm . .
CitedAhuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .

Lists of cited by and citing cases may be incomplete.


Updated: 01 November 2021; Ref: scu.442420