Day 052 - 21 Nov 94 - Page 13


     
     1
     2   MR. RAMPTON:  No, it was, in fact, a helpful intervention by
     3        your Lordship.  Can I put this in its proper legal context,
     4        this application, in relation to 4F, first of all, by
     5        inviting your Lordship to look at paragraph 102 of Gatley
     6        on page 155.
     7
     8   MS. STEEL:   Is there another copy of Gatley?  We had one here
     9        in court but we had to take it back to the library.
    10
    11   MR. JUSTICE BELL:  What I suggest is if Mr. Rampton reads it
    12        slowly, then you can borrow mine for the rest of the day,
    13        to have a look at it.  Make a note of paragraph.  It is 102
    14        on page 55.
    15
    16   MR. RAMPTON:  It is quite short and it is very clear.  The words
    17        complained of, the heading of the paragraph is:  "Context.
    18        The words complained of must be construed as a whole.  'It
    19        is necessary to take into consideration, not only the
    20        actual words used, but the context of the words.'  Words
    21        which are not in themselves defamatory may, from the whole
    22        context in which they are published, convey a defamatory
    23        imputation. Conversely, this or that sentence may be
    24        considered defamatory, but there may be other passages
    25        which take away their sting.  If 'in one part of the
    26        publication something disreputable to the plaintiff is
    27        stated, but that is removed by the conclusion, the bane and
    28        the antidote must be taken together.' The defendant is
    29        entitled to have read as part of the plaintiff's case the
    30        whole of the publication from which an alleged libel is
    31        extracted, and also any other document referred to which
    32        qualifies or explains its meaning.  If a libel is contained
    33        in a letter, the whole of the correspondence of which the
    34        letter forms part should be taken into consideration.  If a
    35        libel is contained in a newspaper paragraph, not only the
    36        paragraph but also the heading must be taken into account."
    37
    38        My Lord, one sees from that that context is compulsory;
    39        that neither side is entitled to lift selective passages
    40        from the context and, as it were, address the court on the
    41        basis that the libel has a particular meaning in relation
    42        to that paragraph.  Both sides are compelled to digest the
    43        whole of the context from which each paragraph is taken.
    44        That applies with equal force to both sides.
    45
    46        Going on from that to the leaflet itself, I hope your
    47        Lordship's recovered the -- there is the passage in Duncan
    48        & Neil on Defamation as well which is to similar effect;
    49        4.11.
    50 
    51   MR. JUSTICE BELL:  Yes, 4.11. 
    52 
    53   MR. RAMPTON:  I had better read it out.
    54
    55   MR. JUSTICE BELL:  If you can read it out.
    56
    57   MR. RAMPTON:  Yes, I will.
    58
    59   MS. STEEL:  4.11 on what?
    60

Prev Next Index