header-logo header-logo

05 August 2010 / Kenneth Warner
Issue: 7429 / Categories: Features , Defamation
printer mail-detail

Malice aforethought

Kenneth Warner explores the tort of malicious falsehood

In the course of its historical evolution, the tort of malicious falsehood has been known by various names, but the earlier title of slander of goods gives the best gist of its purpose. It is meant to afford a remedy where the business interest of the plaintiff, (as opposed to the plaintiff’s character) has been impugned by a statement published by the defendant. To found the action it is incumbent on the plaintiff to prove that the statement is untrue, that it was published with malice, and that an economic loss has been suffered as a consequence.

As to “malice”, the courts have not taken a consistent approach. At the different ends of the spectrum, an intention to cause injury will certainly suffice, whereas evidence of good faith will destroy the claim. But there is authority that knowledge that the statement is untrue, or even the absence of any honest belief that it is true, will suffice. As to damage; it is accepted that the plaintiff bears the

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

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll