Cases

Turner v News Group Newspapers Ltd (CA)

Facts

A former wife of C was featured in an article in the News of the World about 'swinging' and sex parties. It was said that she had been introduced to the swinging scene by her husband (who was not named but identifiable to some readers) and that he pressured her to have sex with other men. An offer of amends was made coupled with a lengthy Burstein plea. An apology was published but compensation not agreed. At the hearing, NGN relied on a reduced Burstein plea arguing that it went in mitigation of damages while C relied on the original Burstein plea as well as the reduced form deployed at trial as matters aggravating the injury so as to disentitle NGN to any, let alone a 'healthy' discount for its offer of amends. Eady J held that at least some of the material relied on by NGN at the hearing was admissible under the Burstein principle, and awarded C £9,000, after applying a discount of 40% for the offer of amends.

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