In a judgment handed down today in the case of Blake v Fox ([2024] EWHC 956 (KB)) Collins Rice J awarded £90,000 damages to each claimant and granted a permanent injunction.
In two tweets posted in October 2020 the actor Laurence Fox had falsely labelled the Claimants, Simon Blake and Colin Seymour as “paedophiles”. In her judgment on liability ([2024] EWHC 146 (KB)) handed down on 29 January 2024 Collins Rice J had held that this was, “on the evidence, probabilities and facts of this case, seriously harmful, defamatory and baseless” [166]. She further held that Mr Fox was not able to bring himself within the terms of any defence recognised in law.
On 22 March 2024 there was a hearing to decided on the remedies which should be granted to the claimants. Judgment was reserved and was handed down today.
The Judge noted that the exercise of calibrating quantum was different from that carried out in her liability judgment of assessing whether the statutory serious harm test had been met. Nevertheless, her previous findings were a relevant starting point. In particular:
- the “inherent gravity” of the libels, which she described as “exceptionally grave and cruel” and as a “particularly powerful reputational pollutant” [16].
- the wide circulation of the libels, via Mr Fox’s large twitter following and the evidence of substantial percolation on social media [17].
- the vulnerability of the Claimants to reputational harm, exacerbated by their national profile on LGBTQ+ issues [18].
The Claimants’ level of distress was also relevant. The Judge accepted their evidence of bewilderment, fear and distress [20] and rejected arguments that they had “provoked” Mr Fox’s libel [22].
Mr Fox had apologised whilst giving evidence but this was something less than “generous spirited” [28]. He had not provided an unequivocal statement that the allegation of paedophilia was “factitious, false and never should have been published” [29]
In all the circumstances, the Judge concluded by assessing
“the global damages payable to each of Mr Blake and Mr Seymour, as being necessary and sufficient to supply the balance of the full reputational vindication to which they are entitled, and to compensate them for the damage and distress of the experience Mr Fox unlawfully inflicted upon them – and as being broadly in line with the pattern of awards in defamation cases – in the sum of £90,000 each” [34].
The Judge granted an injunction to restrain further publication the same or similar allegations about the Claimant by Mr Fox
“He has no right whatever to do so, and his track record of public utterances persuades me that this discipline is necessary and proportionate in order to ensure Mr Blake’s and Mr Seymour’s vindicated legal rights are fully respected for the foreseeable future” [56].
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