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Sanders v Percy & Ministry of Justice
Comment
A comment about someone's physical appearance may amount to an imputation on their trade for the purposes of a slander action where the trade involves something more than natural resemblance - such as performance, voice and make up. Cf: Berkoff v Burchill [1996] 4 All ER 1008 (imputation of hideous ugliness may be defamatory where intended to hold the C up to ridicule). In considering whether to strike out the Ali G allegation on Jameel grounds, the Court had regard to the fact that the slander was only actionable because of its potential effect on the Claimant's business and on the facts there was no reason to believe that there would be such effect.