Cases

Cleese v Clark & Associated Newspapers Limited

Held

Where a judge was invited to decide the appropriate compensation under the offer of amends procedure, the same criteria as governed damages awarded in an action would apply. It was appropriate to hear evidence and submissions in the same way as in the course of a 'damages only' defamation trial and to apply the same rules of evidence. The offer of amends regime was predicated upon the parties' willingness to negotiate meaningfully and to give and take, where necessary, in order to achieve a reasonable compensation as quickly and inexpensively as the circumstances permitted. It would be sensible for a meeting to take place without going straight to court for directions as though a contested hearing was inevitable. On the facts the major element in assessing compensation had to be the impact upon the Claimant's feelings. It was unlikely his reptutation had been damaged. Overall, the court awarded £13,500.

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