DUTY OF TRIAL JUDGE IN DEFAMATION CASES

• Date: 06 February 2019

(1) "It is settled law that the question whether the words set out in any publication and of which a plaintiff in a libel suit complains are, in fact defamatory of the plaintiff, is for the jury, but before the question is submitted to the jury the trial Judge has the duty of ruling that upon the evidence before him the words complained of are (1) capable of referring to the plaintiff and (2) also capable of a defamatory meaning in the minds of reasonable persons in the circumstances of the particular case. (See also Knupffer v. London Express Newspaper Ltd. (1944) A.C. 116 H.L.; also Neville v. Fine Art & General Insurance Co. (1897) A.C. 68 H.L. Put in another way, it is the duty of the Judge to decide whether the words (1) can refer to the plaintiff and, (2) are capable of a defamatory meaning in their natural and ordinary meaning or, any of the...