Ronaldo v Telegraph Media Group Ltd [2010] EWHC 2710 (QB) (27 October 2010)

Ronaldo v Telegraph Media Group Ltd [2010] EWHC 2710 (QB) (27 October 2010)

The settlement of the Mirror action does not deprive the claimant of entitlement to compensation for harm caused by the Telegraph publication. Each publication is a separate tort, and damages must be assessed accordingly. The action is not an abuse of process as the claimant's right to vindication and compensation remains, especially as the defendant maintains a plea of justification. The application to stay is refused.

Citation
[2010] EWHC 2710 (QB)
Parties
Claimant: Cristiano Ronaldo; Defendant: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Libel Action / Interlocutory Application to Stay Proceedings as Abuse of Process
Outcome
Application to stay proceedings refused
Legal Topics
Libel, Abuse of Process, Damages, Freedom of Expression, Vindication, Aggravated Damages

Case Brief

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Parties

Cristiano Ronaldo

Claimant

Telegraph Media Group Limited

Defendant

Procedural Posture

Libel Action / Interlocutory Application to Stay Proceedings as Abuse of Process

  1. 1 Whether the libel action against the Telegraph Media Group Limited should be stayed as an abuse of process following settlement of a related libel claim against the Daily Mirror.
  2. 2 Whether the continuation of the claim serves a legitimate purpose of protecting the claimant's reputation.
  3. 3 Whether the costs and court resources involved in a trial would be disproportionate to any legitimate advantage to the claimant.

Ratio Decidendi

The settlement of the Mirror action does not deprive the claimant of entitlement to compensation for harm caused by the Telegraph publication. Each publication is a separate tort, and damages must be assessed accordingly. The action is not an abuse of process as the claimant's right to vindication and compensation remains, especially as the defendant maintains a plea of justification. The application to stay is refused.

Court Disposition

Application to stay proceedings refused

Orders

  • The action is to proceed to trial.
  • Reporting restrictions under section 4(2) of the Contempt of Court Act 1981 to continue until after trial or conclusion of litigation.