Ronaldo v Telegraph Media Group Ltd

Ronaldo v Telegraph Media Group Ltd

The continuation of the libel action against the Telegraph is not an abuse of process because the claimant is entitled to compensation and vindication for the harm caused by the Telegraph’s separate publication, which reached a large and distinct readership, and the Mirror settlement does not extinguish that entitlement; the application was made late and the legal principles do not support striking out the claim in these circumstances.

Parties
Claimant: Cristiano Ronaldo; Defendant: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Civil Defamation (libel) / Interlocutory Application for Stay as Abuse of Process, Pre Trial
Outcome
Application to stay as abuse of process refused.
Legal Topics
Libel, Abuse of Process, Damages, Vindication, Freedom of Expression, Mitigation of Damages, Aggravated Damages
Defamation Media Law Civil Procedure Libel Abuse of Process Damages Vindication Freedom of Expression +2 more

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Parties

Cristiano Ronaldo

Claimant

Telegraph Media Group Limited

Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Application for Stay as Abuse of Process, Pre Trial

Legal Issues

  1. 1 Whether the continuation of the libel claim against the Telegraph Media Group Limited is an abuse of process following settlement of a similar claim against the Daily Mirror.
  2. 2 Whether the claimant is entitled to further compensation and vindication for the Telegraph publication after the Mirror settlement.
  3. 3 Whether the costs and resources involved in a trial are disproportionate to any legitimate advantage to the claimant.

Ratio Decidendi

The continuation of the libel action against the Telegraph is not an abuse of process because the claimant is entitled to compensation and vindication for the harm caused by the Telegraph’s separate publication, which reached a large and distinct readership, and the Mirror settlement does not extinguish that entitlement; the application was made late and the legal principles do not support striking out the claim in these circumstances.

Court Disposition

Application to stay as abuse of process refused.

Orders

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