Cases

Turner v News Group Newspapers Ltd (CA)


Comment

The decision in Turner will be welcomed especially by newspaper defendants as an affirmation and clarification of the Burstein principle. Above all, it will lay to rest the fear that, by making an offer of amends, compensation will be assessed on a false basis because a defendant will be unable to rely in mitigation of compensation on material that would have been pleadable if the case was defended. As Keene LJ said at [59], "A Defendant is entitled to fight his corner on an assessment of statutory compensation, just as he is over the question of damages in litigation."

Areas of work

Defamation
Media Law

Also