The plaintiff, a company incorporated under the Joint Stock Companies Act 1856 sued in respect of a libel imputing to it insolvency, mismanagement and dishonest carrying on of its affairs.
Held: The action was maintainable. Pollock CB said: ‘That a corporation at common law can sue in respect of a libel there is no doubt. It would be monstrous if a corporation could maintain no action for slander of title through which they lost a great deal of money. It could not sue in respect of an imputation of murder, or incest, or adultery, because it could not commit those crimes. Nor could it sue in respect of a charge of corruption, for a corporation cannot be guilty of corruption, although the individuals composing it may. But it would be very odd if a corporation had no means of protecting itself against wrong; and if its property is injured by slander it has no means of redress except by action. Therefore it appears to me clear that a corporation at common law may maintain an action for a libel by which its property is injured.’
Judges:
Pollock CB
Citations:
[1859] EngR 234, (1859) 4 H and N 146, (1859) 157 ER 792, [1859] EngR 252, (1859) 4 H and N 87, (1859) 157 ER 769, [1858] EngR 1210 (B), (1858) 1 F and F 413
Links:
Commonlii, Commonlii, Commonlii
Cited by:
Cited – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Lists of cited by and citing cases may be incomplete.
Company, Defamation
Updated: 02 May 2022; Ref: scu.289681