October 6, 2014
Doctor wins libel claim against the Daily Mail
High Court awards damages of £45,000
Mr Justice Dingemans today handed down judgment in the libel case of Serrano Garcia v Associated Newspapers Limited. The claim related to an article published in the Daily Mail on 21 April 2012 about a consultation between Dr Serrano Garcia – a GP – and his former patient Mr Jones, which resulted in Dr Garcia reporting Mr Jones to the DVLA on account of his alleged alcohol consumption. The trial was heard over two weeks in late July 2014 and 5RB‘s Desmond Browne QC and Alexandra Marzec represented the Defendant, which raised defences of justification and honest comment. In a lengthy judgment, Mr Justice Dingemans awarded Dr Serrano Garcia £45,000 in damages, but refused to award aggravated damages as sought on the basis that he found that the defence of justification had been raised properly and in good faith. The judgment can be found here. A case report will be posted on this website shortly.