KIIIT SCHOOL OF LAW

TORT CASE ANALYSIS

Newstead v London Express Newspaper Ltd [1940] 1 KB 3

SOUBHAGYA KHANDUAL
2182091

SUBMITTED TO
PROF MANEESHA MISHRA
FACT
the accused as "Harold Newstead, thirty-year-old Camberwell man." Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty, brought an action
in libel against the newspaper . He insisted that the piece had been interpreted incorrectly as
pointing to him .The article's publication was acknowledged by the accused publication.
Additionally, they denied that they intended to disparage him. As a result, the claimant
claimed that the publication had a responsibility. Giving an accurate and thorough description
of the right person was required. The claimant further claimed that the defendants had broken
their obligation.

ISSUE
The issue in Newstead v London Express Newspaper Ltd [1940] 1 KB 3 was if the
reasonable persons would have understood the words complained of to refer to the plaintiff.

A newspaper published details of a bigamy trial and referred to the accused

as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper.
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper.
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper.
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper.
A newspaper published details of a bigamy trial and referred to the accused
as “Harold Newstead, thirty-year-old Camberwell man.” Another man by the
name of Harold Newstead, also from Camberwell and aged around thirty,
brought an action in libel against the newspaper.
RULES
Elements of defamation :
 The Statement should be made
 The Statement must refer to the plaintiff
 The Statement must be defamatory
 The intention of the wrongdoer- 
 The Statement should be false
 The Statement should not be privileged- In some cases, the statements may be
privileged i.e. the person who has made the statement is protected from such liability.
 The Statement must be published
 The third party believes the defamatory matter to be true- 
 The Statement must cause injury

APPLICATION
The case fact show that a statement was made by the newspaper was indend to right person ,
but failed the taken the reasonable care to for the specifying the person . there are many
people with same age and name , it would be defamation to them .

CONCLUSION
Liability for libel does not depend on the intention of the defamer; but on the fact of the
defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be
aware of the possibility of individuals with the same name and must assume that the words
published will be read by a reasonable man with reasonable care.