McKenna v MGN Ltd

McKenna v MGN Ltd

The defendant failed to prove that the claimant was dishonest or that his degree was 'bogus' or obtained merely for money. The claimant genuinely believed in the value of his degree and did not mislead anyone. The words complained of were defamatory and not substantially true. The claimant is entitled to succeed on liability.

Parties
Claimant: Paul McKenna; Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Defamation (libel) / Judgment on Liability; Damages and Aggravation to Be Determined
Outcome
Judgment for the claimant on liability; damages and aggravation to be determined in further proceedings
Legal Topics
Libel, Justification Defence, Damages, Aggravated Damages, Academic Qualifications, Malice
Defamation Media Law Libel Justification Defence Damages Aggravated Damages Academic Qualifications Malice

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Parties

Paul McKenna

Claimant

MGN Ltd

Defendant

Procedural Posture

Defamation (libel) / Judgment on Liability; Damages and Aggravation to Be Determined

Legal Issues

  1. 1 Whether the words complained of were defamatory of the claimant
  2. 2 Whether the defendant proved the substantial truth of the defamatory allegation (justification)
  3. 3 Whether the claimant was dishonest or reckless in claiming to have a PhD from La Salle University

Ratio Decidendi

The defendant failed to prove that the claimant was dishonest or that his degree was 'bogus' or obtained merely for money. The claimant genuinely believed in the value of his degree and did not mislead anyone. The words complained of were defamatory and not substantially true. The claimant is entitled to succeed on liability.

Court Disposition

Judgment for the claimant on liability; damages and aggravation to be determined in further proceedings

Orders

  • The claimant is entitled to damages for defamation, quantum to be assessed.
  • Further proceedings to determine aggravated damages and issues of malice.