Cases

Abu v MGN Ltd

Held

The principles to be applied under s3(5), whether in the course of libel proceedings or without any action having been brought, were precisely the same as on an assessment of damages in libel proceedings. Thus the established principles with regard to such matters as mitigation, aggravation and causation of loss applied including the gloss added by the Court of Appeal's decision in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 There should be nothing "rough and ready" about the assessment. The procedure was not to be confused with summary disposal. That may mean that statements of case or at least notification of matters to be relied upon would be required.

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