Cases

Veliu v Mazrekaj

Held

(1) The libel was of exceptional gravity. The starting point for damages was £180,000. (2) The appropriate discount against the starting point bearing in mind D1's conduct was one third. Compensation payable by D1 assessed at £120,000. (3) Given the slight mitigating effect of the apology, damages against D1 should be set at £175,000. (4) In general, conduct aggravating the libel for which a defendant who makes an offer of amends is liable is a factor in reducing his offer of amends "discount". (5) Where there are 2 defendants only one of which has made an offer of amends, there is still joint and several liability in respect of the overall liability, but subject to the statutory intervention set out in section 3(8) of the Defamation Act 1996. The court should therefore assess the right amount of compensation against a defendant who has made an offer of amends separately to the damages payable by any other defendant.

Also