The claimant complained of an article on the defendant’s web-site. The defendant offered an unqualified offer of amends. The court was asked to settle an amount of compensation. Though the article was removed within a few hours and upon receipt of the complaint, the claimant said that it had generated repeats of the libel.
Held: Damages after an offer of amends were to be assessed as in a normal damages claim recognising the particular circumstances. Here the libel was mere celebrity gossip, but had been hurtful to the claimant. The starting point in this case was andpound;8,500. The defendant’s apology had not been given the same prominence as the original libel, and it had taken an unco-operative approach to the claim. Even so, the apology earned a discount of 50%.
Eady J
[2010] EWHC 895 (QB)
Bailii
Defamation Act 1996 2 3 4
England and Wales
Citing:
Cited – Nail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Cited – Slipper v British Broadcasting Corporation CA 1990
The plaintiff, a retired policeman was featured in a film about the Great Train Robbery. He sought to say that paper reviews of the film, and trailers worked to spread the libel, and should count in the assessment of damages against the defendant, . .
Cited – Abu v MGN Ltd QBD 2003
There should be nothing in any sense ‘rough and ready’ about the assessment of the claimant’s reputation under the offer of amends procedure in the 1996 Act. If compensation is not agreed it should be determined by the court on the same principles . .
Cited – Cleese v Clark QBD 2003
The court looked at the calculation of damages after an offer of amends under the Act by the defendant.
Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were . .
Lists of cited by and citing cases may be incomplete.
Defamation, Damages
Updated: 10 November 2021; Ref: scu.408602
