Sim v Stretch

A statement is defamatory if it tends to lower the claimant in the estimation of right thinking members of society generally.

Citation
[1936] 2 All ER 1237
Court
House of Lords
Year
1936
Subject
Tort Law
Topic
Defamation and privacy

Facts

A housemaid, Edith Saville, had left Mr Sim's employment and gone to work for Mr Stretch. Mr Stretch sent Mr Sim a telegram saying that Edith had resumed her service with Mr Stretch, and asking Mr Sim to send her possessions and the money he had borrowed from her, and to pay her wages. Mr Sim sued for libel, claiming that the telegram meant that he had been so poor that he had to borrow money from his maid and had not paid her wages.

Legal principle

The House of Lords held that the telegram was not defamatory. Lord Atkin said that the test is whether the words tend to lower the claimant in the estimation of right thinking members of society generally. The words were not capable of bearing a defamatory meaning, because borrowing money from a servant and not paying wages would not be understood by reasonable people as a slur on Mr Sim's character, in the context of a telegram between two employers.

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