GROOM v. CROCKER AND OTHERS.

(1937) 58 Ll.L.Rep. 396

KING'S BENCH DIVISION.

Before Mr. Justice Hawke and a Common Jury.

Libel-Assured-Motor insurance-Running-down action-Duty of solicitors and insurance company - Plaintiff insured with defendant insurance company -Collision between plaintiff's car and lorry belonging to T- Plaintiff and passenger (plaintiff's brother) injured-Lorry driver convicted of dangerous driving-Claim by plaintiff against T settled-Writ issued by passenger against plaintiff and T as joint defendants- -Writ handed to defendant company -Papers passed on by company to defendant solicitors-Arrangement between defendant insurance company and T's insurers that each should pay half damages awarded- Delivery of defence by defendant solicitors, acting on plaintiff's behalf, wherein plaintiff was made to admit that the collision occurred solely by reason of his negligence, with a covering letter saying that their client (the plaintiff) "admits that he was negligent on the occasion referred to in the statement of claim" - Defence put in by T denying negligence-Protest by plaintiff to defendant company upon learning of admission of negligence in defence-Letter written by defendant company to sub-agent: "You state that [the plaintiff] is very cross that, without his consent, negligence should be admitted when, in fact, no one seriously suggests that he was negligent. That may be the view of our insured, but nevertheless if we had repudiated liability we ran a very serious risk of the Court holding a different view and giving a decision against us" - Trial of action-Damages and costs awarded against plaintiff (in fact paid by defendant company)-Claim brought by plaintiff against defendant solicitors and defendant company for breach of contract, negligence and libel-Duty of solicitors and insurance company in such circumstances-Whether letters

were defamatory-Plea by solicitors that letter was written on privileged occasion-Proof of malice-Measure of damages - Questions to jury, with answers: