Defamation Causation in UK Law

Leading Cases
  • Slipper v British Broadcasting Corporation
    • Court of Appeal (Civil Division)
    • 25 May 1990

    They are not specific or special rules peculiar to defamation actions. All the cases cited, including Ward v Weeks, are examples, on their own facts, of cases concerned with novus actus—breaches of the chain of causation. In this case, therefore, the questions raised on this appeal are, in my opinion;

    Mr. Gray urged that to admit the possibility of such a claim would be contrary to public policy and threaten freedom of expression. But the law would part company with the realities of life if it held that the damage caused by publication of a libel began and ended with publication to the original publishee. Defamatory statements are objectionable not least because of their propensity to percolate through underground channels and contaiminate hidden springs.

    Usually, in fairness to a defendant, such effects must be discounted or ignored for lack of proof. But here, where the further publications (although not republications) are provable and are said to have been foreseeable, natural, provable and perhaps even intentional results of the publication sued upon, I see no reason in logic or policy why those effects need be ignored if the factual premises can be established.

  • Pavel Karpov v William Felix Browder and Others
    • Queen's Bench Division
    • 14 Oct 2013

    Secondly, if the case were to proceed and the Claimant achieved a judgment in his favour, it would provide a degree of vindication and, if an injunction were granted, it would prevent further dissemination of the libel by the Defendants.

  • Ronald Terance Stocker v Nicola Stocker
    • Court of Appeal (Civil Division)
    • 12 Feb 2018

    I can see why an issue in relation to section 5 might arise for consideration if the judge was wrong to conclude that the Comments alleged the respondent had tried to kill the appellant by strangling her. In my view however, the failure of the principal argument on meaning deprives the argument on section 5 of any force that it might have had.

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Legislation
  • Health and Social Care Act 2012
    • England & Wales
    • January 01, 2012
    ...... . (a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and. . . (b) any such ... . (5) For the purposes of the law relating to defamation, absolute privilege attaches to the report or notice. SCH-10.10 . . 10 ......
  • National Health Service (Scotland) Act 1978
    • UK Non-devolved
    • January 01, 1978
    ......conduct of research into any matters relating to the causation,. prevention, diagnosis or treatment of illness or to the development. of ...thinks fit. . (7) For the purpose of the law of defamation, any report or. statement made, sent or laid in pursuance of this section, ......
  • National Health Service Act 1977
    • UK Non-devolved
    • January 01, 1977
    ......conduct, research into any matters relating to the causation,. prevention, diagnosis or treatment of illness, and. into any such other ...of Parliament. . (5) For the purposes of the law of defamation, the publication. of any matter by a Commissioner in sending or making a. ......
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Books & Journal Articles
  • Paul Mitchell, A History of Tort Law 1900–1950, Cambridge: Cambridge University Press, 2015, xviii + 366 pp, hb £75.00.
    • Nbr. 78-4, July 2015
    • The Modern Law Review
    ...... previous books, in particular The Making of the Modern Law of Defamation (Oxford: Hart Publishing, 2005) and his series of Landmark Cases (on ...Thus, the chapter on war moves from defamation to causation, from public authority liability to the standard of care, and from ......
  • THE MODERN LAW REVIEW VOLUME 78 INDEX
    • Nbr. 78-6, November 2015
    • The Modern Law Review
    ...... Laws: A New Strategy? 611 D escheemaeker ,E ric Mapping Defamation Defences 641 D ewhurst ,E laine Are Older Workers Past Their ... (1990) 461 S teel ,S andy Justifying Exceptions to Proof of Causation in Tort Law 729 W hite ,J onathan Authority after Emergency Rule 585 ......
  • Mapping Defamation Defences
    • Nbr. 78-4, July 2015
    • The Modern Law Review
    The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognise...
    ...... and, rather than accounting for its non-actionability on the basis of its being inflicted iure ,i t explains it through the lens of causation. Specifically, the argument would be to say that if, as argued above, comment constitutes an invitation extended to third parties to agree with the ......
  • Libel: Its Purpose and Reform
    • Nbr. 74-6, November 2011
    • The Modern Law Review
    Discussion of libel often fails to define defamation law's purpose and thus properly to assess its value. This article argues that defamation's purpose relates to fundamental human interests in soc...
    ...... m David How arth * Discussion of libel often fails to define defamation law’s purpose and thus properly to assess its value. This article ... – not only a proportionality issue arises but also a causation point. Should it ha ve to be shown that such harm to others was actually ......
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Law Firm Commentaries
  • Court Awards As Damages Costs Incurred As A Result Of A Breach Of A Law And Jurisdiction Clause
    • Mondaq UK
    ...... commenced proceedings in India, claiming damages for defamation and an anti-suit injunction to restrain the English proceedings. After ... as damages, provided that they are reasonably incurred, and that causation can be proved. However, a party which does not participate in English ......
  • Insurance And Reinsurance - 5 February, 2013
    • Mondaq United Kingdom
    ...Nulty & Ors v Milton Keynes BC. Causation test when neither cause seems likely. ... budgets are already in use in certain types of cases, including defamation. In this defamation case, the court approved both sides' budgets and ......
  • Complex Commercial Litigation Law Review – England & Wales
    • JD Supra United Kingdom
    Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framewo...
    ......iii Causation In order to bring a breach of contract claim, the non-breaching party must ...Ian has particular expertise in media litigation, including defamation, breach of condence or privacy, contempt, data protection, freedom of ......
  • Complex Commercial Litigation Law Review – England and Wales
    • JD Supra United Kingdom
    The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear ...
    ......iii Causation In order to bring a breach of contract claim, the non-breaching party must ... in media litigation, including in relation to data protection, defamation and breach of condence/ privacy. Ian regularly advises individuals and ......
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