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Nail v News Group Newspapers Ltd & Others (QBD)
Case Reference [2004] EWHC 647 (QB); [2004] EMLR 362
Court Queen's Bench Division
Judge Eady J
Date of Judgment 26 Mar 2004
Summary
Defamation - Libel- offer of amends - assessment of damages
Facts
In 1998 Harper Collins published a biography of the Claimant entitled "Nailed". He decided not to arouse interest in it by suing. In 2002 extracts from "Nailed" were published in the News of the World and the book attracted new consumer interest, selling about a hundred copies. The Claimant sued the News of the World for the offending article and, separately, Harper Collins for the editions of the book sold in 2002.
Issue
Both Harper Collins and the News of the World made offers of amends under s2 Defamation Act 1996 which the Claimant accepted. The court had to determine the appropriate levels of damages.
Held
The Claimant was awarded £7,500 for the Harper Collins book and £22,500 for the News of the World article. The Judge held that, as there was a public interest in encouraging media defendants to make offers of amends, damages awards in such cases ought to be "healthily discounted".
Comment
The general trend of libel awards suggests that judges give significantly lower awards of damages than juries (see also Milne v Sunday Telegraph and Cleese v Associated Newspapers).
Download this Judgment
Instructing Solicitors
Schillings for the Claimant; Farrer & Co for the Defendants
Links
Libel payout for actor Jimmy Nail - BBC
Libel win but Nail faces £200k bill - Daily Record
Nail wins £30,000 for libel but faces £200,000 costs - The Independent