Flood v Times Newspapers Ltd
The defendant's refusal to amend or qualify the defamatory article after the claimant's exoneration, coupled with aggressive pursuit of justification and oppressive conduct, aggravated the claimant's distress and reputational harm, justifying an award of £60,000 including a deterrent element.
- Parties
- Claimant: Gary Flood; Defendant: Times Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 19 December 2013
- Procedural Posture
- Libel / Assessment of Damages Following Abandonment of Justification Defence
- Outcome
- Judgment for the claimant; damages awarded.
- Legal Topics
- Libel, Damages, Public Interest Defence, Justification, Vindication, Aggravated Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Gary Flood
Claimant
Times Newspapers Limited
Defendant
Procedural Posture
Libel / Assessment of Damages Following Abandonment of Justification Defence
Legal Issues
- 1 Whether the defendant's continued publication of defamatory material after exoneration constituted aggravated conduct
- 2 Appropriate quantum of damages for limited online publication
- 3 Need for vindication and deterrence in damages award
Ratio Decidendi
The defendant's refusal to amend or qualify the defamatory article after the claimant's exoneration, coupled with aggressive pursuit of justification and oppressive conduct, aggravated the claimant's distress and reputational harm, justifying an award of £60,000 including a deterrent element.
Court Disposition
Judgment for the claimant; damages awarded.
Orders
- The defendant shall pay the claimant £60,000 in damages.
Full Case Text
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