Flood v Times Newspapers Ltd

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

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Parties

Gary Flood

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Libel / Assessment of Damages Following Abandonment of Justification Defence

  1. 1 Whether the defendant's continued publication of defamatory material after exoneration constituted aggravated conduct
  2. 2 Appropriate quantum of damages for limited online publication
  3. 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.