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Words: | Submitted: Mon Jun 19 2006
... may remove the issi=ue from the jury to give a summary judgement. Kiam v MGM Ltd [2002] The judge had suggested a bracket of GBP 40000 - 80000. The jury awarded GBP105000. CA held that the test whether such an award was excessive under s8 was not what the court thinks would have been an appropriate sum but whether he award exceeds the most that a jury could reasonably have thought appropriate. When defamation is alleged, the burden of proving otherwise is on the defendant. Defamation: - Libel Refers to publications that are permanent in form or that are broadcasts on stage/screen over the airwaves (s4 Theatres Act 1968 and s6 Defamation Act 1952). - Slander Refers to publications in transient form (e.g. casual conversations). Generally, slander, unlike libel, gives rise to liability if it results in consequential loss (special damage). Nevertheless, libel is strict liability. Youssopoff v MGM Pictures Ltd (1934) - ...
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