Cases

Gentoo Group Ltd (formerly Sunderland Housing Co Ltd) v Hanratty

Held

Finding for Cs:

(1) Those responsible for an alleged libel should not be allowed 'to get away with it'. "...there is sometimes a perception in the context of defamation that apologies are given under economic pressure and are not to be taken as entirely genuine; likewise, even, that awards of damages against 'the little man' have been obtained through financial muscle and do not necessarily represent genuine vindication...It may, therefore, be...important for a claimant to bring as many of those responsible before the court, so that it cannot later be said that those who...'escape' stand by their allegations...There is nothing either disreputable or disproportionate about seeking to...challenge anyone responsible..." (para. 15). The court should only shut out a case of responsibility for publication if it would be perverse for a jury to find it proved.

(2) The claim was not an abuse of process: the allegations were very serious and the claim was not bound to fail.

Also