Lisle-Mainwaring v Associated Newspapers Ltd & Anor [2017] EWHC 543 (QB) (17 March 2017)

Lisle-Mainwaring v Associated Newspapers Ltd & Anor [2017] EWHC 543 (QB) (17 March 2017)

The court held that the appropriate award of general damages, considering the gravity of the libels, their wide publication, the distress caused, and the partial mitigation from the Lisle settlement, was £90,000. The Burstein particulars were not sufficiently connected to the sector of the claimant's life attacked by the libels to warrant mitigation. A single award was appropriate due to the overlap of the publications. The extent of publication, including previously undisclosed app users, warranted an upward adjustment. The discount for the offer of amends was not further reduced as the omission regarding app users was inadvertent.

Citation
[2017] EWHC 543
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 Libel / Assessment of Compensation Following Acceptance of Qualified Offer of Amends
Outcome
General damages awarded to claimant in the sum of £90,000, subject to discount for offer of amends. Special damages and costs issues to be determined separately.
Legal Topics
Libel, Damages Assessment, Offer of Amends, Mitigation of Damages, Aggravated Damages, Special Damages, Publication Extent, Burstein Particulars
Defamation Media Law Libel Damages Assessment Offer of Amends Mitigation of Damages Aggravated Damages Special Damages +2 more

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Parties

Zipporah Lisle-Mainwaring

Claimant

Associated Newspapers Limited

First Defendant

Kathryn Knight

Second Defendant

Procedural Posture

Defamation Libel / Assessment of Compensation Following Acceptance of Qualified Offer of Amends

Legal Issues

  1. 1 What is the appropriate amount of compensation for the claimant under s3(5) Defamation Act 1996 following acceptance of a qualified offer of amends?
  2. 2 What impact do Burstein particulars and the settlement of related litigation (Lisle litigation) have on damages?
  3. 3 Should there be a single or multiple awards of compensation?

Ratio Decidendi

The court held that the appropriate award of general damages, considering the gravity of the libels, their wide publication, the distress caused, and the partial mitigation from the Lisle settlement, was £90,000. The Burstein particulars were not sufficiently connected to the sector of the claimant's life attacked by the libels to warrant mitigation. A single award was appropriate due to the overlap of the publications. The extent of publication, including previously undisclosed app users, warranted an upward adjustment. The discount for the offer of amends was not further reduced as the omission regarding app users was inadvertent.

Court Disposition

General damages awarded to claimant in the sum of £90,000, subject to discount for offer of amends. Special damages and costs issues to be determined separately.

Orders

  • Defendants to pay claimant £90,000 in general damages for libel.
  • Defendants to bear reasonable costs related to the discrete issue of extent of online publication.