KC v MGN Ltd [2012] EWHC 483 (QB) (05 March 2012)

KC v MGN Ltd [2012] EWHC 483 (QB) (05 March 2012)

The appropriate starting point for damages, considering the gravity of the libel and its publication, is £150,000. A 50% discount is applied at the second stage for the defendant's prompt and unqualified apology and offer of amends, resulting in a final award of £75,000.

Citation
[2012] EWHC 483 (QB)
Parties
Claimant: KC; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2012
Procedural Posture
Defamation / Assessment of Damages Following Acceptance of Offer of Amends
Outcome
Damages assessed in favour of the claimant
Legal Topics
Defamation, Damages, Offer of Amends, Apology, Mitigation
Media Law Tort Law Defamation Damages Offer of Amends Apology Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

KC

Claimant

MGN Limited

Defendant

Procedural Posture

Defamation / Assessment of Damages Following Acceptance of Offer of Amends

Legal Issues

  1. 1 Appropriate assessment of damages in a defamation case following an accepted offer of amends under the Defamation Act 1996
  2. 2 Application of two-stage process for damages assessment
  3. 3 Extent of mitigation due to apology and offer of amends

Ratio Decidendi

The appropriate starting point for damages, considering the gravity of the libel and its publication, is £150,000. A 50% discount is applied at the second stage for the defendant's prompt and unqualified apology and offer of amends, resulting in a final award of £75,000.

Court Disposition

Damages assessed in favour of the claimant

Orders

  • Defendant to pay £75,000 in compensation to the claimant