Turner v News Group Newspapers Ltd. & Anor

Turner v News Group Newspapers Ltd. & Anor

The appropriate compensation is assessed by first determining the figure that would be awarded at trial absent aggravating or mitigating factors, then applying a discount for the offer of amends and apology, with less credit given where the defendant's conduct (such as delay and initial aggravation) warrants it. The background context of the claimant's conduct and prior publicity was admissible and relevant to the assessment. The starting figure was £15,000, discounted by 40% to £9,000.

Parties
Claimant: David Turner; First Defendant: News Group Newspapers Ltd; Second Defendant: Arisara Turner
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Defamation / Assessment of Compensation Following Offer of Amends
Outcome
Compensation assessed and awarded to claimant
Legal Topics
Offer of Amends, Mitigation of Damages, Background Context, Assessment of Compensation
Defamation Media Law Offer of Amends Mitigation of Damages Background Context Assessment of Compensation

Case Brief

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Parties

David Turner

Claimant

News Group Newspapers Ltd

First Defendant

Arisara Turner

Second Defendant

Procedural Posture

Defamation / Assessment of Compensation Following Offer of Amends

Legal Issues

  1. 1 What is the appropriate amount of compensation payable to the claimant under section 3(5) of the Defamation Act 1996?
  2. 2 What background context is admissible for the purpose of assessing compensation?
  3. 3 Should the defendant's conduct aggravate or mitigate the compensation awarded?

Ratio Decidendi

The appropriate compensation is assessed by first determining the figure that would be awarded at trial absent aggravating or mitigating factors, then applying a discount for the offer of amends and apology, with less credit given where the defendant's conduct (such as delay and initial aggravation) warrants it. The background context of the claimant's conduct and prior publicity was admissible and relevant to the assessment. The starting figure was £15,000, discounted by 40% to £9,000.

Court Disposition

Compensation assessed and awarded to claimant

Orders

  • First defendant to pay the claimant £9,000 as compensation for the defamatory publication and website publication.