Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)

Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)

The defendant's continued online publication of the defamatory article after being notified of the claimant's exoneration, without adequate update or correction, and its persistence in an unsustainable justification defence, constituted aggravated libel. The claimant was entitled to substantial damages to compensate for injury to reputation, distress, and to vindicate his good name.

Citation
[2013] EWHC 4075
Parties
Claimant: Gary Flood; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Libel/defamation / Assessment of Damages Following Withdrawal of Justification Defence
Outcome
Judgment for the claimant; damages awarded.
Legal Topics
Libel, Qualified Privilege (reynolds Defence), Justification, Damages, Vindication, Aggravated Damages
Media Law Defamation Tort Libel Qualified Privilege (reynolds Defence) Justification Damages Vindication +1 more

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Parties

Gary Flood

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Libel/defamation / Assessment of Damages Following Withdrawal of Justification Defence

Legal Issues

  1. 1 Whether continued online publication of defamatory article after exoneration constituted actionable libel
  2. 2 Appropriate quantum of damages for post-exoneration publication
  3. 3 Effect of defendant's conduct and persistence in justification on damages

Ratio Decidendi

The defendant's continued online publication of the defamatory article after being notified of the claimant's exoneration, without adequate update or correction, and its persistence in an unsustainable justification defence, constituted aggravated libel. The claimant was entitled to substantial damages to compensate for injury to reputation, distress, and to vindicate his good name.

Court Disposition

Judgment for the claimant; damages awarded.

Orders

  • Defendant to pay claimant £60,000 in damages for libel and aggravated damages.
  • Defendant to pay claimant's costs.