Cases

Burstein v Times Newspapers Ltd

Facts

C, a composer of modern romantic music, sued on a diary piece published in The Times alleging that he 'used to organise bands of hecklers to go about wrecking performances of modern atonal music, particularly anything by Harrison Birtwhistle'. At trial C applied to strike out various particulars pleaded in mitigation of damages relating to his activities as co-founder of 'The Hecklers', which included a notorious occasion of booing at the end of a performance of Birtwhistle's 'Gawain' at the Royal Opera House. D applied for summary disposal of the claim under s.8 of the 1996 Act on the ground that the damages should be limited to £10,000. The judge acceded to C's application and refused D's. The jury awarded £8,000. D appealed, arguing that the judge should not have struck out the particulars in purported mitigation of damages.

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