The newspaper published an account of a trial for bigamy and referred to the prisoner as ‘Harold Newstead, 30-year-old Camberwell man’. The account was true as regards a Camberwell barman of that name, but not true in relation to the plaintiff, Harold Newstead who was aged about 30 and who assisted his father in a hair-dressing business at Camberwell Road, Camberwell. The plaintiff brought an action for libel against the newspaper. The jury were unable to agree on the first question: ‘would reasonable persons understand the words complained of to refer to the plaintiff?’ and assessed the plaintiff’s damages at one farthing.
The trial judge held that it was no defence to the action that the words complained of were intended to refer to, and were true of, an existing person who was not the plaintiff. No judgment was entered because the jury had not answered the question of whether a reasonable person would understand the words to refer to the plaintiff.
Held: The decision was affirmed which similarly rejected the defence put by the newspaper.
du Parcq LJ (Sir Wilfred Greene MR agreeing) observed: ‘In the present case, and in any similar case in which a defendant says that he was only speaking the truth of another person and not meaning to attack the plaintiff, it may well be right to direct the jury that a reasonable man must be aware of the possibility (it is for them to say in each case whether it amounts to a probability) that in any district there may be more than one person of the same name, and that, in considering how a reasonable man would understand the words, they must assume that he will read them with such care as may fairly be expected of him, not ignoring any parts of the description which are inapplicable to the plaintiff. If a defendant has been careful and precise, he may by his care avoid the risk of a successful action; but he cannot in my opinion escape liability merely by showing that he was careful and that his intentions were good.’
du Parcq LJ, Sir Wilfred Greene MR
[1939] 4 All ER 319, [1940] 1 KB 377, (1939) 109 LJKB 166, (1939) 162 LT 17, (1939) 6 TLR 130, (1939) 83 Sol Jo 942
England and Wales
Updated: 29 September 2021; Ref: scu.653305 br>