Injurious Falsehood in UK Law

This means that the Claimants will still need to establish their case in relation to each pleaded publication and to adduce evidence in relation to such matters as aggravated and special damages. The plea of aggravated damages in this case largely overlaps with the plea of malice which is an essential ingredient in support of the claim for injurious falsehood.

like my Lord, I would prefer to deal with this on principle. I agree that a publication is an essential part of the cause of action; that once there is publication the cause of action is complete, and there is no room for the doctrine that the cause of action can, so to speak, be allowed to be in a coma or lie dormant until such time as some fact emerges which would transform an otherwise innocent statement into a defamatory one.

The modern leading authority as to the meaning of malice is Horrocks v Lowe [1975] AC 135, 149–151. As to its pleading, there are stringent requirements imposed because malice is recognised as being tantamount to an accusation of fraud or dishonesty and must not be made on a merely formulaic basis.