The test for malice is the same whether it arises in the context of libel or of injurious falsehood. Glidewell LJ said that ‘Maliciously’ in this context means either knowing that the words were false or being reckless as to whether they were false or not or being actuated by a dishonest or other improper motive. It suffices that a defendant was activated by an improper dominant purpose.
Glidewell LJ
[1993] 2 All ER 273, [1993] IRLR 122, [1993] ICR 412
England and Wales
Cited by:
Appeal from – Spring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
Cited – Wright v Caan QBD 27-Jul-2011
The claimant sought damages in defamation and malicious falsehood and in respect of a conversation with a journalist and the defendant’s website. The defendant had made offers of support to her business venture in a television program. After she . .
Cited – Khader v Aziz and Another QBD 31-Jul-2009
The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied.
Held: Assuming (which was denied) that the . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 12 January 2022; Ref: scu.442247