Veliu v Mazrekaj & Anor

Veliu v Mazrekaj & Anor

Where one defendant makes an offer of amends under the Defamation Act 1996 and another defaults, the court must assess a single sum for compensation, applying a discount for the offer of amends only to the defendant who made it, and holding both defendants jointly and severally liable for the overall sum, subject to the statutory cap for the offering defendant. Aggravating and mitigating factors are considered on the lowest common denominator basis for joint liability.

Parties
Claimant: Muhamed Veliu; Defendant: Xhevdet Mazrekaj; Defendant: Skender Bucpapaj
Jurisdiction
England and Wales
Judgment Date
11 July 2006
Procedural Posture
Defamation / Assessment of Damages Following Default Judgment and Offer of Amends
Outcome
Damages assessed; first defendant to pay £120,000 under offer of amends; second defendant liable for £175,000; joint and several liability applies subject to statutory cap.
Legal Topics
Libel, Damages Assessment, Offer of Amends, Joint and Several Liability, Aggravated Damages, Mitigation
Defamation Media Law Libel Damages Assessment Offer of Amends Joint and Several Liability Aggravated Damages Mitigation

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Parties

Muhamed Veliu

Claimant

Xhevdet Mazrekaj

Defendant

Skender Bucpapaj

Defendant

Procedural Posture

Defamation / Assessment of Damages Following Default Judgment and Offer of Amends

Legal Issues

  1. 1 How should damages be assessed where one defendant makes an offer of amends under the Defamation Act 1996 and another defendant defaults?
  2. 2 What is the effect of joint and several liability in the context of the statutory offer of amends procedure?
  3. 3 How should aggravating and mitigating factors be treated between multiple defendants?

Ratio Decidendi

Where one defendant makes an offer of amends under the Defamation Act 1996 and another defaults, the court must assess a single sum for compensation, applying a discount for the offer of amends only to the defendant who made it, and holding both defendants jointly and severally liable for the overall sum, subject to the statutory cap for the offering defendant. Aggravating and mitigating factors are considered on the lowest common denominator basis for joint liability.

Court Disposition

Damages assessed; first defendant to pay £120,000 under offer of amends; second defendant liable for £175,000; joint and several liability applies subject to statutory cap.

Orders

  • First defendant to pay £120,000 compensation under s.3 Defamation Act 1996 and costs.
  • Second defendant to pay £175,000 damages; first defendant jointly and severally liable for this sum, subject to statutory cap.