London Artists Ltd. v. Littler

Emile Littler (defendant) staged a play titled The Right Honourable Gentleman at Her Majesty’s Theatre. The theater was owned by a subsidiary of Associated Television. Prince Littler, Emile’s brother, was the managing director of Associated Television. Emile rented the theater, and, under the terms of the agreement with the owner of the theater, the owner could end Emile’s tenancy if the earnings for the play fell under a certain amount for two weeks in a row. Months later, another play, titled Robert and Elizabeth, opened at the Lyric Theatre, another theater owned by the same subsidiary of Associated Television. The management of Robert and Elizabeth wanted to move the play to Her Majesty’s Theatre. Prince wrote Emile telling him that Prince had been instructed by his board to assert the right to end the tenancy of Emile’s play if it became possible. A few days later, Emile received letters from London Artists Ltd. (plaintiff), the agency that represented three of his star performers, informing Emile that all three were quitting the play. Emile became convinced that the actors and their agency had conspired with Associate Television to ruin his play and free up Her Majesty’s Theatre for Robert and Elizabeth. Emile wrote letters to the actors accusing them of this conspiracy and distributed the letters to the press. The three actors, London Artists, and Associate Television sued Emile for libel. Emile asserted several defenses, including the fair-comment defense. At trial, Emile attempted to illicit testimony to provide evidence of a conspiracy but failed. All of the actors apparently had personal reasons for quitting the play and denied being coerced into doing so by a conspiracy with Associate Television. The trial court declined to submit Emile’s fair-comment defense, and the jury found against Emile. Emile appealed on the grounds that the fair-comment defense should have been allowed.