Cases

Warren v The Random House Group Ltd (Nos.1-3) (CA)


Held

(1) D would not be permitted to resile from its offer of amends. Special circumstances had to be shown before a party who had made an offer of amends that had been accepted could resile from it. In the instant case, D could not demonstrate special circumstances. The Defendant had consciously waived its Article 6 and 10 rights by making the offer of amends and had done so on an “informed” basis.

(2) D was not allowed to prove the truth of the disputed matters in rebuttal of the aggravated damages plea.

(3) The Judge had been right to limit the ambit of the Burstein plea. The matters raised by D were too far removed from the matters raised in the libel to be admissible in mitigation.

(4) The allegation complained of by C was separate and distinct from the material about a disputed contract and the Judge had been right to rule out that part of the case.

(5) The contract should not be disclosed.

Also