Cases

Kiam v MGN Ltd

Facts

The Claimant was a well known entrepreneur who sued over an article he said meant that (1) he lost his entrepreneurial ability and was only fit for retirement; (2) he was prepared to give up on the company he ran and close it down with devastating consequences for staff, shareholders and customers and (3) the company's imminent collapse was attributable to his own professional failures. The article was untrue. No apology was offered until 5 days before trial and the only defence was that the article was not defamatory. The Defendant also suggested to the jury that the Claimant was impossible to satisfy and no amount of money would placate him. At trial after the judge withdrew the issue of exemplary damages at the close of the evidence the Judge suggested to the jury an appropriate bracket for an award of damages of between £40,000 and £75-80,000. The jury awarded the £105,000 in compensatory and aggravated damages. The Defendant appealed the sum awarded.

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