Defamation Causation in UK Law
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Paul Mitchell, A History of Tort Law 1900–1950, Cambridge: Cambridge University Press, 2015, xviii + 366 pp, hb £75.00.
... ... 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 ... ...
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THE MODERN LAW REVIEW VOLUME 78 INDEX
... ... 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 ... ...
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Mapping Defamation Defences
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 ... ...
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Libel: Its Purpose and Reform
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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Book Reviews
Books reviewed in this article: CAN HUMAN RIGHTS SURVIVE? by CONOR GEARTY CENSORSHIP AND CULTURAL SENSIBILITY: THE REGULATION OF LANGUAGE IN TUDOR‐STUART ENGLAND by DEBORA SHUGER... ... War, the legal regulation of language aimed to prevent personal defamation and hate-speech. It was not aimed at the control of ideas as such, but at ... of this shift, since, in truth, I am not sure how historical causation works' (p. 206). Since the shift she describes is based in large part on ... ...
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Reports of Committees
... ... possible for the Admiralty judges largely to ignore the causation problem with which Common Law judges, owing to the very ... they be committed intentionally or negligently, like Defamation). As the Report rightly says, there is no reason why it ought ... ...
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Do Corporations Have an Immortal Part? - The Need to Prove Damage in Corporate Libel Baroness Hale's Dissent in Jameel v Wall Street Journal Europe SPRL [2006] UKHL 44
... ... of the main purposes, therefore, for awarding damages in defamation actions is to provide evidence of vindication for the claimant and correct ... methods of dealing with evidential uncertainty with regards to causation. One of these is the material contribution test. This test could easily be ... ...
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A STEP FORWARD IN FACTUAL CAUSATION
... ... The defendant in a defamation action must, for example, prove the truthfulness of the statement in question if he avails himself of the defence of ... ...
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Liability for References: The House of Lords and Spring v Guardian Assurance
... ... An action in defamation would have also failed: an employer who gives a character ... case to the Court of Appeal to consider the issue of causation. Hence, it is difficult to argue that there was detrimental ... ...
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Tort Law Defences: A Defence of Conventionalism
... ... , there being no reason to 10 I would regard it as a rule of causation. 11 K. Campbell, ‘Offence and Defence’ in I. H. Dennis (ed), ... age, where he would nonetheless have incurred liability in defamation should he have been unable to prove the truth of the incriminating ... ...
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