Fiona George v Linda Cannell & Anor

Fiona George v Linda Cannell & Anor

A claimant relying on section 3(1) of the Defamation Act 1952 in a malicious falsehood claim need not prove actual pecuniary loss; it is sufficient to show that the words published were, at the time of publication and viewed objectively, inherently likely to cause such loss. Damages for distress or injury to feelings may be recoverable even if no actual pecuniary loss is proved.

Parties
Claimant/appellant: Fiona George; First Defendant/respondent: Linda Cannell; Second Defendant/respondent: LCA Jobs Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Malicious Falsehood, Defamation, Damages, Interpretation of Statutes, Proof of Harm, Aggravated Damages
Tort Law Defamation Malicious Falsehood Damages Interpretation of Statutes Proof of Harm Aggravated Damages

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Parties

Fiona George

Claimant/appellant

Linda Cannell

First Defendant/respondent

LCA Jobs Limited

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 What must a claimant prove to rely on section 3(1) of the Defamation Act 1952 in a malicious falsehood claim?
  2. 2 Is proof of actual pecuniary loss required, or is it sufficient to show that the words were calculated to cause such loss?
  3. 3 Are damages for distress/injury to feelings recoverable in the absence of actual pecuniary loss?

Ratio Decidendi

A claimant relying on section 3(1) of the Defamation Act 1952 in a malicious falsehood claim need not prove actual pecuniary loss; it is sufficient to show that the words published were, at the time of publication and viewed objectively, inherently likely to cause such loss. Damages for distress or injury to feelings may be recoverable even if no actual pecuniary loss is proved.

Court Disposition

Appeal allowed

Orders

  • Judgment for the claimant on liability under section 3(1) of the Defamation Act 1952
  • Damages, including for injury to feelings, to be assessed and remitted for assessment