Cases

Tolstoy Miloslavsky v United Kingdom

Held

(1) Although there was a wide discretion accorded to juries in the award of damages of libel, it was not unfettered, and such safeguards as there were satisfied the requirement that the interference be prescribed by law. Article 10 did not entitle the applicant to be able to anticipate with any degree of certainty the quantum of damges that would be awarded. (2) However, the size of the award, in conjunction with the degree of latitude accorded to the jury, was a disproportionate interference with the applicant's right to freedom of expression and consequently a breach of Article 10. The injunction was a logical consequence of the jury's finding and did not go wider than necessary to protect Lord Aldington's reputation.

Also