Nail & Ors v News Group Newspapers Ltd. & Ors [2004] EWCA Civ 1708 (20 December 2004)

Nail & Ors v News Group Newspapers Ltd. & Ors [2004] EWCA Civ 1708 (20 December 2004)

The judge did not err in principle by applying substantial mitigation for the offer of amends and apology; compensation under section 3(5) is to be determined on the same principles as damages in defamation proceedings, and substantial mitigation is appropriate where an early unqualified offer and apology are made and accepted.

Citation
[2004] EWCA Civ 1708
Parties
Claimant/appellant: Jimmy Nail; Defendant/respondent: News Group Newspapers Limited; Defendant/respondent: Rebekah Wade; Defendant/respondent: Jules Stenson; Defendant/respondent: Geraint Jones; Defendant/respondent: Harper Collins Publications Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2004
Procedural Posture
Appeal From Queen's Bench Division (defamation, Compensation Assessment) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Offer of Amends, Damages Assessment, Mitigation, Apology, Limitation Period, Vindication
Defamation Media Law Tort Offer of Amends Damages Assessment Mitigation Apology Limitation Period +1 more

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Parties

Jimmy Nail

Claimant/appellant

News Group Newspapers Limited

Defendant/respondent

Rebekah Wade

Defendant/respondent

Jules Stenson

Defendant/respondent

Geraint Jones

Defendant/respondent

Harper Collins Publications Ltd

Defendant/respondent

Procedural Posture

Appeal From Queen's Bench Division (defamation, Compensation Assessment) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether compensation under section 3(5) of the Defamation Act 1996 should be discounted for offer of amends
  2. 2 Proper principles for assessing damages in defamation proceedings after offer of amends
  3. 3 Effect of apology and mitigation on damages

Ratio Decidendi

The judge did not err in principle by applying substantial mitigation for the offer of amends and apology; compensation under section 3(5) is to be determined on the same principles as damages in defamation proceedings, and substantial mitigation is appropriate where an early unqualified offer and apology are made and accepted.

Court Disposition

Appeal dismissed

Orders

  • No increase in compensation; original awards of £22,500 for newspaper publication and £7,500 for book publication stand.