Application to fix compensation for defamation. Citations: [2005] EWHC 893 (QB) Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Damages Updated: 20 August 2022; Ref: scu.224851
Application to fix compensation under 1996 Act. Citations: [2005] EWHC 892 (QB), [2005] EMLR 553 Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Media Updated: 15 August 2022; Ref: scu.224852
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 unhepful: ‘I am not concerned with hypothesising as to what a particular group of … Continue reading Cleese v Clark: QBD 2003
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued. Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had … Continue reading Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004
Judges: Eady J Citations: [2006] EWHC 637 (QB) Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Damages Updated: 18 July 2022; Ref: scu.240117
Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable. Judges: Pill LJ, Keene LJ, Moses LJ Citations: [2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613 Links: Bailii Statutes: Defamation Act 1996 3(5) … Continue reading Turner v News Group Newspapers Ltd and Another: CA 16 May 2006
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 as in defamation proceedings. The court will take account of a range … Continue reading Abu v MGN Ltd: QBD 2003
The claimant seeks the court’s determination of the amount(s) to be paid to him by way of compensation pursuant to s.3(5) of the Defamation Act 1996, following his acceptance of a qualified offer of amends. . .
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017