The plaintiff, a Conservative MP, complained of a ‘mock press release’ written and circulated by the defendant, Mudd, a prominent member of the local community and chairman of the Billericay Conservative Businessman’s Association, to ninety-one people most of whom knew something of the underlying quarrel between the parties. The publication suggested that the plaintiff had sought to destroy the Assocation and to humiliate the defendant out of personal spite. The tone of the release was unpleasant (suggesting for example, that the plaintiff’s female charms were inadequate despite a hormone implant). Although a plea of qualified privilege was upheld, the jury found express malice. There was no apology. Rather Mrs Gorman had been subjected to unpleasant cross-examination which had increased her sense of humiliation.
Held: The jury’s award was reduced from andpound;150,000 to andpound;50,000.
Citations:
Unreported, 15 October 1992
Jurisdiction:
England and Wales
Cited by:
Cited – Kiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
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 . .
Lists of cited by and citing cases may be incomplete.
Defamation, Damages
Updated: 31 July 2022; Ref: scu.184741