Cases

Lait v Evening Standard Ltd

Held

(1) The article was not capable of bearing L’s pleaded meaning.

(2) It was capable of bearing one or more other defamatory meanings.

(3) The aggravated damages plea should relate to D’s conduct at or after time of publication; it was 'muddling' to rely on a different meaning as aggravation in respect of the damage supposedly occasioned by the publication of the words complained of. The article was not capable of bearing one of the additional meanings, and the meaning was not saved by being pleaded under a different label. It is not permissible to plead an additional meaning, whether in aggravation of damages or otherwise, which is said to have arisen by reason of facts occurring after publication. L should therefore have an opportunity to re-plead her case.

Also