The Archive · 1929

CHOCOLATE MAKER'S

Golf Champions Failure in Libel Suit

The Court of Appeal to-day allow-London, Nov. 25. ed the appeal of Messrs. J. S, Fry Sons,: the.-well-known chocolate manufacturers, against. the judg ment given in the King's Bench Division against them last Jaly and in favour of Mr. Cyril Tolley, the. amateur golf champion, The jory last July awarded. Mr. Tolley £1,000 damages in an action for libel against the Company... This action was taken because of, an} advertisement which appeared in/64 newspapers showing Mr. Tolley playing a stroke at golf with.a\ packet of Fry's chocolate protruding from his "pocket. It was. argued that Mr. Tolley was. getting well paid for the use of his name and thus his status as an amateur Was wolved. Messrs. Fry offered to publish "a statement declaring that Mr. Tolley had received no remuneration but they declined to pay the cost of the proceedings in the King's Bench Division, Mr. Tolley was awarded the damages mentioned but this decision has now been reversed.

Justice Sir T, Edward Scrutton, in delivering judgment, expressed the opinion thatthe publication complained of was capable of a defamatory meaning. The damages, however he said, were excessive and he thought there should be a new trial, Justice Sir F, Arthur Greer and Justice Sir Horny Slesser took a different view and thought that Messrs. Fry & Sons were entitled to sueceed.—Reuter,

Text read from the printed page and cleaned; old type leaves the occasional error.

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