Bowman v MGN Ltd [2010] EWHC 895 (QB) (26 April 2010)

Bowman v MGN Ltd [2010] EWHC 895 (QB) (26 April 2010)

The appropriate award for the claimant is £4,250, reflecting the limited seriousness and duration of the libel, the claimant's distress, the early apology and removal of the article, and the prompt offer of amends, with a 50% discount for mitigation.

Citation
[2010] EWHC 895 (QB)
Parties
Claimant: Simon Bowman; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2010
Procedural Posture
Defamation Claim (assessment of Damages After Offer of Amends) / Judgment on Assessment of Damages Following Acceptance of Offer of Amends
Outcome
Claim allowed in part; damages awarded to claimant.
Legal Topics
Offer of Amends, Assessment of Damages, Libel, Mitigation of Damages
Defamation Media Law Offer of Amends Assessment of Damages Libel Mitigation of Damages

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Parties

Simon Bowman

Claimant

MGN Limited

Defendant

Procedural Posture

Defamation Claim (assessment of Damages After Offer of Amends) / Judgment on Assessment of Damages Following Acceptance of Offer of Amends

Legal Issues

  1. 1 What is the appropriate amount of compensation for the claimant under the offer of amends procedure for a defamatory online article?
  2. 2 What mitigating factors should be considered in reducing damages under the Defamation Act 1996?

Ratio Decidendi

The appropriate award for the claimant is £4,250, reflecting the limited seriousness and duration of the libel, the claimant's distress, the early apology and removal of the article, and the prompt offer of amends, with a 50% discount for mitigation.

Court Disposition

Claim allowed in part; damages awarded to claimant.

Orders

  • Defendant to pay claimant £4,250 in damages.