Maccaba v Lichtenstein

Maccaba v Lichtenstein

Section 2 of the Defamation Act 1952 does not preserve the common law distinction between offices of honour and offices of profit; any office suffices. The words alleged are capable of being likely to disparage the Claimant in his business and offices, and the issue should be left to the jury.

Source-derived case information.

Parties
Claimant: Mr Brian Yosef MACCABA; Defendant: Dayan Yisroel Yaakov LICHTENSTEIN
Jurisdiction
England and Wales
Judgment Date
02 July 2004
Procedural Posture
Civil / Interlocutory Application for Judgment on Slander Claim
Outcome
Application dismissed
Legal Topics
Slander, Special Damage, Defamation Act 1952, Offices of Honour and Profit
Defamation Tort Slander Special Damage Defamation Act 1952 Offices of Honour and Profit

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Parties

Mr Brian Yosef MACCABA

Claimant

Dayan Yisroel Yaakov LICHTENSTEIN

Defendant

Procedural Posture

Civil / Interlocutory Application for Judgment on Slander Claim

Legal Issues

  1. 1 Whether the slander alleged is actionable per se without proof of special damage under section 2 of the Defamation Act 1952
  2. 2 Whether the offices held by the Claimant qualify under section 2 of the Defamation Act 1952
  3. 3 Whether the distinction between offices of honour and offices of profit survives the 1952 Act

Ratio Decidendi

Section 2 of the Defamation Act 1952 does not preserve the common law distinction between offices of honour and offices of profit; any office suffices. The words alleged are capable of being likely to disparage the Claimant in his business and offices, and the issue should be left to the jury.

Court Disposition

Application dismissed

Orders

  • Judgment not entered for the Defendant on the claims in slander; issue to proceed to the jury