Turner v News Group Newspapers Ltd & Anor

Turner v News Group Newspapers Ltd & Anor

The Burstein principle is valid and applies to offer of amends cases under the Defamation Act 1996; evidence of directly relevant background context to the defamatory publication is admissible in mitigation of damages, including in the assessment of compensation after an offer of amends. The judge did not err in admitting the evidence or in his assessment of compensation and discount. The appeal is dismissed.

Parties
Appellant/claimant: David Turner; Respondent/first Defendant: News Group Newspapers Limited; Respondent/second Defendant: Arisara Turner
Jurisdiction
England and Wales
Judgment Date
16 May 2006
Procedural Posture
Civil Appeal (defamation/compensation) / Appeal From High Court (assessment of Compensation After Offer of Amends)
Outcome
Appeal dismissed
Legal Topics
Mitigation of Damages, Offer of Amends, Assessment of Compensation, Admissibility of Evidence, Burstein Plea
Defamation Media Law Mitigation of Damages Offer of Amends Assessment of Compensation Admissibility of Evidence Burstein Plea

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Parties

David Turner

Appellant/claimant

News Group Newspapers Limited

Respondent/first Defendant

Arisara Turner

Respondent/second Defendant

Procedural Posture

Civil Appeal (defamation/compensation) / Appeal From High Court (assessment of Compensation After Offer of Amends)

Legal Issues

  1. 1 Whether the Burstein principle applies to offer of amends cases under the Defamation Act 1996
  2. 2 Whether specific evidence relied on by the defendant was properly admitted in mitigation of damages
  3. 3 Whether the judge erred in the assessment of compensation and discount for apology/correction

Ratio Decidendi

The Burstein principle is valid and applies to offer of amends cases under the Defamation Act 1996; evidence of directly relevant background context to the defamatory publication is admissible in mitigation of damages, including in the assessment of compensation after an offer of amends. The judge did not err in admitting the evidence or in his assessment of compensation and discount. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Award of £9,000 compensation to the claimant upheld
  • No interference with the judge's assessment of discount or admissibility of evidence