header-logo header-logo

11 December 2015 / John Murphy
Issue: 7680 / Categories: Features , Defamation
printer mail-detail

A legal fiction? Pt 1

In a two-part series, John Murphy explores the inter-relationship between the torts of defamation & malicious falsehood

For many aspiring lawyers, almost the first thing learned in law school in relation to statutory law is that there are certain, hallowed canons of statutory interpretation, designed to cater for the fact that different people might well interpret the language of a particular Act of Parliament in different ways.

Put another way, these rules of statutory interpretation exist to deal with the problem that any given series of words, however carefully penned by the statutory draftsman, might well be open to two (or more) very different—but not necessarily unreasonable—interpretations. It is perhaps odd then that, when faced with the question of whether the defendant has committed the tort of defamation, the courts dismiss the possibility that a statement may be genuinely ambiguous, and prefer instead to adhere to “the fiction that there is a single reasonable reader, so that the words, duly taken in context, have only one meaning” (Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll