Tolley 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 said that this carried an implied defamatory message that he had been paid for the advertisement, and had ‘prostituted his reputation’ as an amateur golf player. Evidence showed that the defendant had considered this result before issuing the adverts, and that people had made just that inference. The plaintiff might have been barred from several golf clubs.
Held: The picture was capable of bearing the meanings suggested. The matter should be reheard, but as to the quantum of damages only.


[1931] AC 333, [1931] All ER 131, [1931] 100 LJKB 328, [1931] 145 LT 1, [1931] 47 TLR 351, [1931] 75 Sol Jo 220, [1931] UKHL 1




England and Wales


Appeal fromTolley 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 . .

Cited by:

CitedModi 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 July 2022; Ref: scu.241600