header-logo header-logo

08 January 2016 / John Murphy
Issue: 7681 / Categories: Features
printer mail-detail

A legal fiction? Pt 2

In the final article of a two-part series, John Murphy asks if a truth defence in defamation can reduce the damages available in malicious falsehood?

In Pt 1 of this series it was noted that one—in theory, the most reasonable—interpretation of a statement may attract the defence of truth for the purposes of defamation law, yet not eclipse entirely the prospect of liability in the tort of malicious falsehood (see “A legal fiction? Pt 1”, 165 NLJ 7680, p 13). This begs the question of what implications, if any, the availability of this defence is likely to have for a successful malicious falsehood claim based upon a secondary meaning within a given statement. No such issue arose in Cruddas v Calvert [2015] EWCA Civ 171, [2015] All ER (D) 184 (Mar), because, on the facts of that case, the claimant was unable to show malice on the part of the defendant journalists and there was, therefore, no prospect of a successful malicious falsehood claim. It was true that certain readers might well foreseeably understand

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll