GUR v Avrupa Newspaper Ltd & Anor
The award of £85,000 was not excessive or disproportionate. The judge applied the correct legal principles, considered the seriousness and aggravating features of the libels, and there was no evidential basis for considering the defendants' means. The trial was fair and no error of law or principle was made.
- Parties
- Claimant/respondent: Gur; Defendant/appellant: Avrupa Newspaper Limited; Defendant/appellant: Mr Oz
- Jurisdiction
- England and Wales
- Judgment Date
- 30 April 2008
- Procedural Posture
- Civil Appeal (libel) / Appeal From Assessment of Damages After Default Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Assessment of Damages, Libel, Aggravated Damages, Mitigation, Human Rights (article 6 and 10 Echr)
Case Brief
Summary, issues, holding and outcome
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Parties
Gur
Claimant/respondent
Avrupa Newspaper Limited
Defendant/appellant
Mr Oz
Defendant/appellant
Procedural Posture
Civil Appeal (libel) / Appeal From Assessment of Damages After Default Judgment
Legal Issues
- 1 Whether the damages awarded for libel were excessive or disproportionate
- 2 Whether the judge failed to consider relevant comparators such as personal injury awards
- 3 Whether the judge erred in not considering the defendants' means
Ratio Decidendi
The award of £85,000 was not excessive or disproportionate. The judge applied the correct legal principles, considered the seriousness and aggravating features of the libels, and there was no evidential basis for considering the defendants' means. The trial was fair and no error of law or principle was made.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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