Cases

Turner v News Group Newspapers Ltd (CA)

Held

Dismissing the appeal: (1) Burstein is not irreconcilable with Speidel, but a development of the common law binding on the Court of Appeal. (2) To qualify under Burstein the evidence must be so clearly relevant to the subject-matter of the libel or to the claimant's reputation or sensitivity in that part of his life that, if excluded, there would be a real risk of the damages being assessed on a false basis. (3) Burstein applies in the offer of amends procedure, just as in defamation litigation. (4) The Judge made no error and his award was upheld.

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