There is an exception to the rule that a claimant in slander must have proof of special damage where words imputing to the claimant the commission of a criminal offence punishable by imprisonment are actionable per se. It was not necessar that the offence alleged was indictable.
Pollock B said: ‘The expression ‘indictable offence’ seems to have crept into the text-books, but I think the passages in Comyns’ Digest are conclusive to shew that words which impute any criminal offence are actionable per se. The distinction seems a natural one, that words imputing that the plaintiff has rendered himself liable to the mere infliction of a fine are not slanderous, but that it is slanderous to say that he has done something for which he can be made to suffer corporally.’
Judges:
Pollock B
Citations:
(1883) 11 QBD 609
Jurisdiction:
England and Wales
Cited by:
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 11 May 2022; Ref: scu.601127