The Gazette 1949-1952

SLANDER ACTION—SOLICITOR’S PRIVILEGE Hams and Anor. v. Dennis T h e plaintiffs were a firm o f London fire assessors and the defendant was a member o f a firm of solicitors. The plaintiff firm had been engaged to assess loss arising from a fire in the premises o f Mr. Henry Colk, draper, which involved the adjoining premises occupied by Mr. V . G. Anderson. Mr. Colk and Mr. Anderson consulted the defendant on a proposal that they should effect a mutual exchange o f their respective premises. A t an inter­ view at which Messrs. Anderson and Colk were present the defendant was alleged to have said “ Tell me Mr. Colk, who are your assessors ? ” Mr. Colk handed a card to the defendant who then spoke the following words complained o f : “ Harris ? Harris ? Harris and Co., Leopold Harris ? Did he start the fire ? How did you get this man ? ” Mr. Leopold Harris of the plaintiff firm had in point of fact been convicted and had served a term of imprisonment for fradulent claims against insurance companies arising out o f fires in London before the war. He brought an action claiming damages for slander arising out o f the words alleged to have been uttered by the defendant. Mr. Justice Streatfield summing up for the jury referred to the case o f Minter v. Priest (1930. A . C. 558) in which it was held that the privilege in the relation between solicitor and client must be interpreted within a very wide and generous ambit. As for malice, it was true that the defendant had not believed that the plaintiffs had started the fire in question. It was, he admitted, a cheap joke. There was no evidence o f any unreasoning prejudice against the plaintiff and he had apologised for the words used. The jury found (a) That the defendant spoke the words complained o f ; ( b ) That the words were defamatory o f the plaintiffs ; (r) That the defendant was not under a duty to speak the words complained o f ; (d) That Mr. Anderson was present not in the capacity o f a client or intending client o f the defen­ dant, but was present to assist Mr. Colk in giving instructions to the defendant; (e) That the words were not spoken maliciously; (f) Damages to the plaintiff, Harris, £ too, to the plaintiff firm, £100. His Lordship giving judgment said that the question o f law was whether the occasion was one either of absolute or o f qualified privilege. In view o f the finding o f the jury there was no absolute privilege. As the jury had found that Mr. Anderson was present for the purpose o f assisting Mr. Colk in instructing the defendant the words must have been spoken either in the course of giving these instruc­

tions.or o f giving an opinion on the instructions. In these circumstances his Lordship ruled that the case was one o f qualified privilege and as there was no evidence o f malice there must be judgment for the defendant. {The Times Newspaper.)

LIBRARY ACQUISITIONS

Books received Belfast and Ulster Directory, 1951. Benjamin— The Law o f Sale o f Personal Property, 8th edition, 1951. Brierly—The Law o f Nations, 4th edition, 1950. Cambridge Law Journal, 1951. Carter— Solicitors’ Book-keeping, 1951. Chalmers and Asquith—Outlines o f Constitutional Law, 1922. Cheshire and Fifoot—Law o f Contracts, 1949. Citrine—Trade Union Law, 1951. Conveyancer and Property Lawyer (Quarterly) from January, 1951. Dangerfield—Law of Rent Restrictions, 1951. Denning (Lord Justice)—Freedom under the Law, 1950. Dymond—Death Duties, n th edition, 1951. Edwards—-Compendium of Law of Property and of Conveyancing, 5th edition, 1922. Elman—The Law in relation to Partners, 1950. Elphinstowe— Covenants Relating to Land, 1946. English and Empire Digest—Replacement Volumes, 12, 30 and 31. Evans—Buying and selling a House, 1950. Everest and Strode—The Law o f Estoppel, 1923. Field-Fisher—Animals and the Law, 1950. Garner —The Law of Sewers and Drains. Gavan-Duffy— The Senate in the Irish Constitution o f 1937 (Thesis, 1947). Goodeve—Modern Law of Real Property. Gross—Criminal Investigation, 4th edition, 1950. Hanbury—Modern Equity, 5th edition, 1949. Harrison—Digest o f Tax Cases, 6th edition, 1950. Hibbert—Leading Cases in Conflict o f Laws, 1931. Hill—Complete Law o f Housing, 4th edition, 1950. Holmes—The Common Law, 1991. Indermaur and Thwaite—Practical Conveyancing, 1920. International Who’s Who—(Donation, 1947). Irish Catholic Directory, 1951. Jackson and Gossett— Investigation of Title, 6th edition, 1950. Jenks— Digest o f English Civil Law, 2 vols., 4th edition, 1947. Jenks—History of Doctrine o f Consideration, 1892. Jordan—Notes on Chancery Practice, 1949. Josling—Adoption o f Children, 1950. Josling— Periods o f Limitation, 1951. Koch—Double Taxation Conventions, 1947, Supplement, 1950. Law Quarterly Review (as from January, 1951). Legal Bibliography o f British Empire—4th Supple­ ment, 1950. Lindley—Law o f Partnership, n th edition, 1930. McFarlane—Motorists and the Law, 7 i