The Law Reports (Queen's Bench Division)
[1963] 1 QB 340
[COURT OF APPEAL]
LEWIS
v.
DAILY TELEGRAPH LTD.
RUBBER IMPROVEMENT LTD.
v.
DAILY TELEGRAPH LTD.
LEWIS
v.
ASSOCIATED NEWSPAPERS LTD.
RUBBER IMPROVEMENT LTD.
v.
ASSOCIATED NEWSPAPERS LTD.
1962 Mar. 2,
5,
6,
7,
8,
9,
12,
13,
14,
15;
April 4.
April 4.
Holroyd Pearce and Davies L.JJ. and Havers J.
Libel and Slander
— Justification
— Suspicion of crime
— Newspaper report
— “Police are inquiring into affairs” of limited company
— Ordinary meaning of words admitted to be defamatory but justified
— Proof of police inquiry in process at date of report
— Whether justification
— Whether words reasonably capable of meaning plaintiffs guilty of fraud.
Libel and Slander
— Pleadings
— Libel
— Innuendo
— Not supported by extrinsic facts
— Duty to withdraw unproved innuendo from jury
—
R.S.C., Ord. 19, r. 6 (2).
341
Libel and Slander
— Pleadings
— Innuendo
— Two causes of action based on ordinary meaning and innuendo not pleaded in the alternative
— Failure to prove innuendo meaning
— Whether plaintiff entitled to impute part of failed innuendo meaning to ordinary meaning.
Libel and Slander
— Damages for libel
— Assessment by jury
— Libel of limited company and chairman
— No plea of special damage
— No proof of general loss of business
— High award of damages
— Considerations justifying interference with award by appellate court
— Tax position relevant to question of excessive or inadequate award of damages.