Cases

Tolstoy Miloslavsky v United Kingdom


Comment

By the time this case got to Strasbourg, the United Kingdom authorities had taken action to prevent such high awards being made in future, by virtue of section 8 Courts and Legal Services Act 1990 and Court of Appeal judgments in Rantzen v Mirror Group Newspapers and subsequent cases. The libel in this case was one of the most serious imaginable and aggravated by unsuccessful plea of justifcation. Nevertheless, it was over three times the previous next highest award. The question which the Court's judgment does not answer, however, is:what size of award would have been proportionate to protect the Claimant's reputation?

Areas of work

Defamation
Human Rights
Injunctive Relief

Also