ABSTRACT

To make out a cause of action in malicious falsehood, the statements made by Kevin must be both untrue and made maliciously. An action will lie for written or oral falsehoods at common law which were made maliciously and are calculated to produce damage (Ratcliffe v Evans (1892)). The court has to decide the ordinary and natural meaning of the words – the more precise a claim, the more likely it is to be taken seriously (see Vodafone Group plc and Another v Orange Personal Communications Services Ltd (1997)). Each of the parties will have to prove the statements are untrue and that they have resulted in damage. These are the strict requirements which the court will expect to be fulfilled.