Day 177 - 26 Oct 95 - Page 46
1 particular damage. If this had not been a
2 matter of public interest, I think that the
3 article was such as would entitle the jury to
4 find that it was a libel on the plaintiffs'
5 company."
6
7 Then finally in this authority, on page 141, which is the
8 next page, in the judgment of Lopes L.J., he says in the
9 third paragraph:
10
11 "It is not contended that the words complained
12 of are not prima facie defamatory."
13
14 He then asks three questions:
15
16 "(1) Will the action lie by the plaintiffs, who
17 are a corporation?"
18
19 The answer is in the next paragraph.
20
21 MR. MORRIS: Sorry, I cannot find you here.
22
23 MR. RAMPTON: 141.
24
25 MR. MORRIS: Whereabouts?
26
27 MR. RAMPTON: I am starting "with regard", answering question
28 (1) "Will the question lie with the plaintiffs, who are a
29 corporation".
30
31 "With regard to the first point I am of opinion
32 that, although a corporation cannot maintain an
33 action for libel in respect of anything
34 reflecting upon them personally, yet they can
35 maintain an action for a libel reflecting on the
36 management of their trade or business, and this
37 without alleging or proving special damage. The
38 words complained of, in order to entitle a
39 corporation or company to sue for libel or
40 slander must injuriously affect the corporation
41 or company as distinct from the individuals who
42 compose it. A corporation or company could not
43 sue in respect of a charge of murder, or incest,
44 or adultery, because it could not commit these
45 crimes. Nor could it sue in respect of a charge
46 of corruption or of an assault, because a
47 corporation cannot be guilty of corruption or of
48 an assault, although the individuals composing
49 it may be."
50
51 That particular passage has often been doubted, and one can
52 see why. The next words, however, are important.
53
54 "The words complained of must attack the
55 corporation or company in the method of
56 conducting its affairs, must accuse it of fraud
57 or mismanagement, or must attack its financial
58 position" ---
59
60 -- by which I take Lopes L.J. to mean its creditworthiness
