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Broadway Approvals LTD. V. Odhams Press, LTD.

1 W.L.R. 805 (1965)

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Broadway Approvals LTD. V. Odhams Press, LTD.

England and Wales Court of Appeal

1 W.L.R. 805 (1965)

Facts

A child ordered a package of stamps advertised at one shilling by Broadway Approvals LTD. (Broadway) (plaintiff). The child received a package of stamps that were costlier than those advertised, followed by letters to the child’s parents requesting payment or return of the stamps. The child’s parents wrote a letter to the newspaper the People to complain of Broadway’s business practices. The People conducted interviews with the child, the child’s parents, and Broadway’s managing director, George Santo (plaintiff). The People then published an article on Broadway with negative implications about Broadway’s business model. Broadway and Santo brought a libel action against Odhams Press, LTD. (Odhams) (defendant), publisher of the People, and its editor, Stuart Campbell (defendant). The jury found that a fair-minded man in good faith may have shared the defamatory opinion given the proven facts in the article. However, the jury also found that the defamatory implication of the article—that Broadway’s conduct was discreditable—was not substantially true and that Odhams and Campbell acted with malice. The court found in favor of Broadway and Santo. Odhams and Campbell appealed. The case came before the Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

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