Verdict

Tolley v JS Fry & Sons Ltd · House of Lords · 1931

Did the ad libel him?

Short answer: Yes: he won at the Lords.

The facts. A chocolate company ran a cartoon ad of famous amateur golfer Cyril Tolley with a Fry's bar in his pocket, with a limerick, without asking him. He said it implied he'd been paid, which would disgrace an amateur.

The ruling. Tolley v J.S. Fry & Sons (1931): The Lords held the ad could be read as saying that he had taken money, damaging his amateur reputation.

He won 1,000 pounds, lost on appeal, then won in the Lords, though that award was found excessive and he finally got 500 pounds. It was an early way to protect a person's image under English law.

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