Tolley v JS Fry & Sons Ltd

Link copied
Case Copied 21 min read

    Die Luiiae, 23° Martii, 1931

    Parliamentary Archives,
    HL/PO/JU/4/3/865

    TOLLEY

    J. & S. FRY & SONS, LIMITED.

    Viscount Hailsham.

    Viscount
    Hailsham.

    Viscount
    Dunedin.

    Lord

    Buck-

    master.

    Lord

    Blanes-

    burgh.

    Lord
    Tomlin.

    MY LORDS,

    The plaintiff in this case is a well-known amateur golfer.
    The Defendants are manufacturers of chocolate in various forms.

    In the month of June 1928, the Defendants published in the
    " Daily Sketch " and " Daily Mail ", newspapers enjoying a large
    circulation in London and the provinces, a caricature of the
    Plaintiff which represented him in golfing costume having just
    completed a drive, with-a packet of the Defendants' chocolate pro-
    truding from his pocket, in the company of a caddie who is holding
    up packets of the Defendants' chocolate; below the caricature was
    a limerick in the following terms :—

    " The caddie to Tolley said, Oh, Sir,

    Good shot, Sir! That ball, see it go, Sir,

    My word how it flies,

    Like a cartet of Frys,

    They're handy, they're good, and priced low, Sir."

    The caricature and the limerick were surrounded with de-
    scriptions of the merits of the Defendants' chocolates, and the whole
    was plainly an advertisement of the Defendants' goods.

    The Plaintiff thereupon brought this action for damages for
    libel. He did not complain of the caricature or the words as
    being defamatory in themselves; but the innuendo alleged that
    the " Defendants meant and were understood to mean that the
    " Plaintiff had agreed or permitted his portrait to be exhibited
    " for the purpose of the advertisement of the Defendants' chocolate,
    " that he had done so for gain and reward, that he had prostituted
    " his reputation as an amateur golf-player for advertising pur-
    " poses, that he was seeking notoriety and gain by the means
    " aforesaid, and that he had been guilty of conduct unworthy of
    " his status as an amateur golfer."

    At the conclusion of the Plaintiff's, case, the Defendants sub-
    mitted that there was no case to go to the Jury; the Judge overruled
    this contention and the Jury found a verdict for the Plaintiff
    for £1,000 damages. From this decision the Defendants' appealed,
    asking for a new trial on the grounds that the damages were
    excessive, and further asking for judgment on the ground that
    the Judge ought to have ruled that there was no case to go to
    the Jury. The Court of Appeal came to the conclusion that the
    damages were excessive, and that there ought in any event to
    be a new trial on that ground; but the majority of the Court
    further held that there was no case to leave to the Jury and
    accordingly directed that judgment should be entered for the
    Defendants. From this latter decision the present appeal is brought
    to your Lordships' House.

    My Lords, from the foregoing narrative it is plain that in
    order to succeed, the Plaintiff must satisfy the Jury that the pub-
    lication complained of was capable of some, at least, of…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Tolley v JS Fry & Sons Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[1931] UKHL 1
Decision Date

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.