The court asked whether the summary judgment procedure under sections 8 to 10 of the 1996 Act, with its ceiling of andpound;10,000, was appropriate in a case in which a jury after a trial might award andpound;30,000. He decided that it was appropriate. A claimant in defamation has the same duty as any other victim of a tort to mitigate his losses. An admission by the defendant might attract a substantial discount in the damages to be awarded.
Judges:
Morland J
Citations:
[2002] EWHC 1780 (QB)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc QBD 26-Mar-2004
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 . .
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: 10 June 2022; Ref: scu.195003