header-logo header-logo

Malicious falsehood

03 November 2011
Issue: 7488 / Categories: Case law , Law digest , In Court
printer mail-detail

Tesla Motors Ltd and another company v British Broadcasting Corporation [2011] EWHC 2760 (QB), [2011] All ER (D) 233 (Oct)

If a trader made a claim for malicious falsehood and, as he was entitled to do, he relied not on any actual damage, but on probable damage such as was referred to in s 3 of the Defamation Act 1952, the claimant nevertheless had to give particulars of the nature of the allegedly probable damage and the grounds relied on for saying that it was more likely than not. For example, if what was relied on was the probability of such a trader having to incur expenses in advertising and other forms of publicity in order to counter the effects of the alleged falsehoods, then the particulars of claim should identify that probable damage.

On the other hand, the damage which, it was said, was more likely than not to be a consequence of the alleged falsehood, might be delay in sales of a given number, or loss of sales of a given number, or the difference

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll