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Safeway v Tate
Comment
The Court of Appeal in Alexander v Arts Council of Wales [2001] 1 W.L.R. 1840 pointed out that the basis of the decision in Safeway v Tate was that there was a material issue of fact fit to be placed before a jury, namely, whether the words were defamatory. If the judge had properly come to the conclusion that the words were only capable of having a defamatory meaning, there would be no issue to go to the jury and summary judgment could be granted.