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Words: | Submitted: Tue Dec 26 2006
... members of society generally or tends to make them shun or avoid him'1. It is for the claimant to prove, that the statements are defamatory, they refer to the claimant and have been published2. For a statement to be defamatory it must be untrue, damage the person's reputation3, this coming from Parmiter v Coupland4, and lower the claimant in the estimation of right thinking members of society5, this comes from Sim v Stretch6. However from Byrne v Deane7, the decision as to whether a statement would be defamatory will reflect what a judge believes an ordinary person would understand by the words used8. For the claimant to prove the statement refers to them they must simply show that they are named and other information is included so the identity of the person is clear9. It will suffice that those who know the claimant believe that statement refers to them10. This ...
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