Cleese v Clark & Anor

Cleese v Clark & Anor

The appropriate compensation for Mr Cleese is £13,500, reflecting the gravity of the libel (at the lower end), the genuine distress caused, the mitigating effect of the apology and correction (though less prominent and generous than desired), and the conduct of both parties in negotiations. The award is compensatory, not punitive, and is set below the claimant's initial figure but above the defendant's offer, taking into account all relevant circumstances and legal principles.

Parties
Claimant: John Cleese; First Defendant: Peter Clark; Second Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Defamation Compensation Assessment (offer of Amends) / Judgment on Quantum of Compensation Under S.3 Defamation Act 1996
Outcome
Compensation awarded to claimant
Legal Topics
Offer of Amends, Compensation Assessment, Mitigation of Damages, Apology and Correction, Damages in Defamation, Procedural Guidance Under Defamation Act 1996
Defamation Media Law Offer of Amends Compensation Assessment Mitigation of Damages Apology and Correction Damages in Defamation Procedural Guidance Under Defamation Act 1996

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Parties

John Cleese

Claimant

Peter Clark

First Defendant

Associated Newspapers Limited

Second Defendant

Procedural Posture

Defamation Compensation Assessment (offer of Amends) / Judgment on Quantum of Compensation Under S.3 Defamation Act 1996

Legal Issues

  1. 1 What is the appropriate level of compensation under s.3 of the Defamation Act 1996 following acceptance of an offer of amends?
  2. 2 How should the court assess mitigation, aggravation, and the sufficiency of apology and correction in determining compensation?

Ratio Decidendi

The appropriate compensation for Mr Cleese is £13,500, reflecting the gravity of the libel (at the lower end), the genuine distress caused, the mitigating effect of the apology and correction (though less prominent and generous than desired), and the conduct of both parties in negotiations. The award is compensatory, not punitive, and is set below the claimant's initial figure but above the defendant's offer, taking into account all relevant circumstances and legal principles.

Court Disposition

Compensation awarded to claimant

Orders

  • Defendants to pay £13,500 to the claimant as compensation under s.3 Defamation Act 1996