Gilham v MGN Ltd & Anor

Gilham v MGN Ltd & Anor

A single award of £49,000 is appropriate, reflecting the gravity and extent of the defamatory publications, the mitigating effect of prompt December apologies, the relevance of Burstein particulars, and a 20% discount for the offer of amends procedure, with joint and several liability between defendants.

Source-derived case information.

Parties
Claimant: Martin Gilham; Defendant: MGN Limited; Defendant: Reach PLC
Jurisdiction
England and Wales
Judgment Date
12 August 2020
Procedural Posture
Defamation Offer of Amends Determination / Judgment on Quantum of Damages Following Acceptance of Qualified Offer of Amends
Outcome
Damages awarded to claimant; joint and several liability of defendants
Legal Topics
Damages Assessment, Offer of Amends, Mitigation of Damages, Burstein Particulars, Apology and Correction, Joint and Several Liability
Defamation Media Law Damages Assessment Offer of Amends Mitigation of Damages Burstein Particulars Apology and Correction Joint and Several Liability

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Parties

Martin Gilham

Claimant

MGN Limited

Defendant

Reach PLC

Defendant

Procedural Posture

Defamation Offer of Amends Determination / Judgment on Quantum of Damages Following Acceptance of Qualified Offer of Amends

Legal Issues

  1. 1 Whether a single or separate awards of compensation should be made for each defendant
  2. 2 Assessment of general damages for defamation under s.3(5) Defamation Act 1996
  3. 3 Admissibility and impact of Burstein particulars on damages

Ratio Decidendi

A single award of £49,000 is appropriate, reflecting the gravity and extent of the defamatory publications, the mitigating effect of prompt December apologies, the relevance of Burstein particulars, and a 20% discount for the offer of amends procedure, with joint and several liability between defendants.

Court Disposition

Damages awarded to claimant; joint and several liability of defendants

Orders

  • Defendants to pay claimant £49,000 in damages, jointly and severally
  • Costs to be assessed in the usual way; no 10% uplift on damages as claimant entitled to recover a success fee if allowed by costs judge