On 12 August 2020, HHJ Lewis sitting as a judge of the High Court handed down judgment in Gilham v MGN Ltd & Anor [2020] EWHC 2217 (QB). This was a Part 8 claim for the determination of compensation following the acceptance of a qualified offer of amends, which was issued pursuant to section 3(5) of the Defamation Act 1996. Mr Gilham was awarded £49,000 by way of compensation. Continue reading
The International Forum for Responsible Media Blog
Tag: Damages (Page 1 of 6)
On 23 July 2020 Master Dagnall gave judgment on the assessment of damages in libel proceedings brought by the leader of the Tunisian opposition party Ennahdha and speaker of the Tunisian parliament Rached Ghannouchi. Continue reading
Denis, John, Neill and Joe Wagner operated a quarry in Grantham in Queensland. In January 2011, there was a flood that devastated the town and killed 12 people. A Commission of Inquiry made findings that the disaster was a natural event and no human action caused it or could have prevented it – not much of a story, so the media persisted. Continue reading
In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Continue reading
A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. Continue reading
In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Continue reading
Peter North, former UKIP parliamentary candidate and founder of the Brexit-supporting Leave Alliance, has been ordered to pay philosopher and academic AC Grayling £20,000 in libel damages after tweeting an allegation that Professor Grayling was in possession of child pornography. Continue reading
Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French. Continue reading
A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed Continue reading
In the case of Wagner & ors v Harbour Radio & ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam wall at a quarry owned by the brothers during floods in 2011. Continue reading
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