Campbell-James v Guardian Media Group Plc [2005] EWHC 893 (QB) (12 May 2005)

Campbell-James v Guardian Media Group Plc [2005] EWHC 893 (QB) (12 May 2005)

The appropriate starting point for damages, reflecting the gravity and lasting impact of the libel, is £90,000. A 35% discount is justified due to the defendant's eventual offer of amends and apology, but the delay and dismissive attitude reduce the extent of mitigation. The final award is £58,500.

Citation
[2005] EWHC 893
Parties
Claimant: Jonathan Campbell-James; Defendant: Guardian Media Group plc
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Defamation Claim Under S.3(5) of the Defamation Act 1996 / Assessment of Compensation Following Offer of Amends
Outcome
Judgment for the claimant. Compensation assessed at £58,500.
Legal Topics
Libel, Damages Assessment, Offer of Amends, Apology and Mitigation, Reputation, Security Risk From Publication
Defamation Media Law Tort Law Libel Damages Assessment Offer of Amends Apology and Mitigation Reputation +1 more

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Parties

Jonathan Campbell-James

Claimant

Guardian Media Group plc

Defendant

Procedural Posture

Defamation Claim Under S.3(5) of the Defamation Act 1996 / Assessment of Compensation Following Offer of Amends

Legal Issues

  1. 1 What is the appropriate level of compensation for the libel published by the defendant linking the claimant to Abu Ghraib abuses?
  2. 2 What discount should be applied to damages in light of the defendant's offer of amends and published apology?

Ratio Decidendi

The appropriate starting point for damages, reflecting the gravity and lasting impact of the libel, is £90,000. A 35% discount is justified due to the defendant's eventual offer of amends and apology, but the delay and dismissive attitude reduce the extent of mitigation. The final award is £58,500.

Court Disposition

Judgment for the claimant. Compensation assessed at £58,500.

Orders

  • Defendant to pay the claimant £58,500 in compensation.