Lisle-Mainwaring v Associated Newspapers Ltd & Anor

Lisle-Mainwaring v Associated Newspapers Ltd & Anor

The appropriate award of general damages for the libels, taking into account their gravity, extent of publication, the claimant’s distress, the mitigating effect of the Lisle settlement, and the inadvertent under-reporting of online publication, is £90,000. Applying a 40% discount for the offer of amends, the final award is £54,000. The Burstein particulars do not warrant a reduction. The special damage claim is dismissed for lack of proper pleading and particularisation. The defendants are entitled to their costs of the claimant’s application under s3(3) Defamation Act 1996.

Parties
Claimant: Zipporah Lisle-Mainwaring; First Defendant: Associated Newspapers Limited; Second Defendant: Kathryn Knight
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Defamation (assessment of Compensation After Offer of Amends) / Judgment on Assessment of Damages
Outcome
General damages for libel awarded to claimant; special damages claim dismissed; defendants awarded costs of claimant’s s3(3) application.
Legal Topics
Assessment of Damages, Offer of Amends, Mitigation of Damages, Special Damages, Republication, Serious Harm, Apology and Correction, Costs
Defamation Media Law Assessment of Damages Offer of Amends Mitigation of Damages Special Damages Republication Serious Harm +2 more

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Parties

Zipporah Lisle-Mainwaring

Claimant

Associated Newspapers Limited

First Defendant

Kathryn Knight

Second Defendant

Procedural Posture

Defamation (assessment of Compensation After Offer of Amends) / Judgment on Assessment of Damages

Legal Issues

  1. 1 What is the appropriate amount of general damages for the libels published by the defendants?
  2. 2 What impact do the defendants’ Burstein particulars and the settlement with the Lisles have on damages?
  3. 3 Should there be a discount for the offer of amends and if so, how much?

Ratio Decidendi

The appropriate award of general damages for the libels, taking into account their gravity, extent of publication, the claimant’s distress, the mitigating effect of the Lisle settlement, and the inadvertent under-reporting of online publication, is £90,000. Applying a 40% discount for the offer of amends, the final award is £54,000. The Burstein particulars do not warrant a reduction. The special damage claim is dismissed for lack of proper pleading and particularisation. The defendants are entitled to their costs of the claimant’s application under s3(3) Defamation Act 1996.

Court Disposition

General damages for libel awarded to claimant; special damages claim dismissed; defendants awarded costs of claimant’s s3(3) application.

Orders

  • Defendants to pay claimant £54,000 general damages for libel.
  • Special damage claim dismissed, subject to any application for separate assessment of properly pleaded special damage.