Veliu v Mazrekaj & Anor [2006] EWHC 1710 (QB) (11 July 2006)

Veliu v Mazrekaj & Anor [2006] EWHC 1710 (QB) (11 July 2006)

Where one defendant makes an offer of amends under the Defamation Act 1996 and another is subject to default judgment for the same libel, the court must assess damages so as to avoid double counting, apply a discount for the offer of amends only to the defendant who made it, and ensure that the overall compensation reflects the gravity of the libel, relevant aggravating and mitigating factors, and the joint and several liability regime. The first defendant's liability is capped at the discounted amount, while the second defendant is liable for the full assessed damages.

Citation
[2006] EWHC 1710
Parties
Claimant: Muhamed Veliu; First Defendant: Xhevdet Mazrekaj; Second Defendant: Skender Bucpapaj
Jurisdiction
England and Wales
Judgment Date
11 July 2006
Procedural Posture
Defamation / Assessment of Damages Following Default Judgment and Acceptance of Offer of Amends
Outcome
Judgment for the claimant. Damages assessed against the first defendant at £120,000 (offer of amends discount applied). Damages assessed against the second defendant at £175,000 (joint and several liability, subject to statutory cap for first defendant).
Legal Topics
Libel, Damages Assessment, Offer of Amends, Joint and Several Liability, Aggravated Damages, Mitigation, Apology in Defamation
Defamation Media Law Tort Libel Damages Assessment Offer of Amends Joint and Several Liability Aggravated Damages +2 more

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Parties

Muhamed Veliu

Claimant

Xhevdet Mazrekaj

First Defendant

Skender Bucpapaj

Second Defendant

Procedural Posture

Defamation / Assessment of Damages Following Default Judgment and Acceptance of Offer of Amends

Legal Issues

  1. 1 How to assess damages where one defendant has made an offer of amends under the Defamation Act 1996 and another is subject to default judgment for the same libel
  2. 2 How to reconcile statutory and common law regimes for damages in defamation involving multiple defendants
  3. 3 What aggravating and mitigating factors are relevant to damages assessment in this context

Ratio Decidendi

Where one defendant makes an offer of amends under the Defamation Act 1996 and another is subject to default judgment for the same libel, the court must assess damages so as to avoid double counting, apply a discount for the offer of amends only to the defendant who made it, and ensure that the overall compensation reflects the gravity of the libel, relevant aggravating and mitigating factors, and the joint and several liability regime. The first defendant's liability is capped at the discounted amount, while the second defendant is liable for the full assessed damages.

Court Disposition

Judgment for the claimant. Damages assessed against the first defendant at £120,000 (offer of amends discount applied). Damages assessed against the second defendant at £175,000 (joint and several liability, subject to statutory cap for first defendant).

Orders

  • First defendant to pay £120,000 compensation and costs under s.3 of the Defamation Act 1996.
  • Second defendant to pay £175,000 damages, for which the first defendant is jointly and severally liable up to £120,000.