Cases

Gazley v News Group Newspapers Ltd

Facts

An article published in The Sun had been illustrated erroneously with a picture of the Claimant and as a result he had been wrongly identified as a paedophile and seriously libelled. The Defendant accepted liability, published an apology in the next edition of The Sun and offered to pay the Claimant compensation. An initial offer of £10,000 was made. He had originally instructed local solicitors in Norwich, but was dissatisfied with the service he received. In the week after publication of the article, he instructed Carter-Ruck ("CR"). The claim was eventually settled following a payment into court of £50,000. At the assessment of costs hearing, the Costs Judge held, applying Wraith v Sheffield Forgematers Ltd [1998] 1 WLR 132, that the decision to instruct CR had not been reasonable and that the Claimant should have used local solicitors. The Claimant appealed.

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