Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)

Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)

A defendant who has made and had accepted an offer of amends under the Defamation Act 1996 cannot withdraw that offer and plead justification unless special or exceptional circumstances exist. The risk of new evidence emerging after acceptance is borne by the defendant, and the public interest in finality of settlements outweighs the defendant's wish to reopen liability. No special circumstances were found in this case to justify withdrawal.

Citation
[2008] EWCA Civ 834
Parties
Claimant/respondent: Frank Warren; Defendant/appellant: The Random House Group Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil Appeal (defamation/libel) / Court of Appeal Judgment on Interlocutory Appeals
Outcome
Appeal dismissed
Legal Topics
Offer of Amends, Justification Defence, Amendment of Pleadings, Settlement Agreements, Human Rights (article 6 and 10 Echr)
Defamation Civil Procedure Offer of Amends Justification Defence Amendment of Pleadings Settlement Agreements Human Rights (article 6 and 10 Echr)

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Parties

Frank Warren

Claimant/respondent

The Random House Group Limited

Defendant/appellant

Procedural Posture

Civil Appeal (defamation/libel) / Court of Appeal Judgment on Interlocutory Appeals

Legal Issues

  1. 1 Whether a defendant can withdraw an accepted offer of amends under the Defamation Act 1996 and plead justification
  2. 2 Whether special circumstances exist to allow withdrawal of an accepted offer of amends
  3. 3 Whether refusal to allow withdrawal infringes Article 6 (fair trial) or Article 10 (freedom of expression) ECHR

Ratio Decidendi

A defendant who has made and had accepted an offer of amends under the Defamation Act 1996 cannot withdraw that offer and plead justification unless special or exceptional circumstances exist. The risk of new evidence emerging after acceptance is borne by the defendant, and the public interest in finality of settlements outweighs the defendant's wish to reopen liability. No special circumstances were found in this case to justify withdrawal.

Court Disposition

Appeal dismissed

Orders

  • Refusal to allow amendment of defence to plead justification of the Phillips allegation upheld
  • Refusal to allow withdrawal of accepted offer of amends upheld