Remedies
Interim Injunctions
The courts exercise exceptional caution when considering an application for a pre-trial, or interim, injunction. Interim injunctions will not be granted unless the words complained of are unarguably defamatory; there are no grounds for concluding that the statement may be true; there is no other defence which may succeed; and there is evidence that the defendant will repeat the defamatory allegations.
Injunctions to prevent defamatory statements being made where the exact words to be published are not known with reasonable certainty cannot be obtained.
Section 12 of the Human Rights Act 1998, which takes into account the British tradition of a strong free press and provides an extra safeguard for the Convention right to freedom of expression, applies when a court is considering whether to grant an interim injunction. Relief is not to be granted in the absence of the respondent unless the applicant has taken all reasonable steps to notify the respondent, or there are compelling reasons why the respondent should not be notified. Further, interim injunctions are not to be granted unless the court is satisfied that the applicant is likely to establish that publication should not be allowed. A claimant must convincingly establish a real prospect of success.
Damages
The claimant’s reputation is vindicated by the amount of damages (or financial compensation) he or she is awarded. A successful claimant cannot force the defendant to publish a correction or an apology. A jury usually decides the award of damages in defamation cases. Special damages compensate the claimant for actual financial loss. General damages compensate the claimant for the damage to his or her reputation.
General damages can take the form of compensatory, aggravated and exemplary damages. Exemplary (or punitive) damages can be awarded where the defendant publishes the defamatory matter because the prospects of material advantage to him or her outweigh the prospects of material loss.
The role played by juries in determining the level of damages awarded has, in the past, meant that libel awards were highly unpredictable and have been criticised as excessive.
Since then the Court of Appeal has held that judges, and counsel, should be free to draw the attention of juries to awards made in personal injury cases. The appropriate range of award can also be indicated to the jury. Damages for even the most seriously defamatory allegation are unlikely to exceed about £200,000.
Press Complaints Commission
Complaints about the unethical behaviour of newspapers and magazines can be made to the Press Complaints Commission (PCC). The Press Complaints Commission cannot award damages. If a complaint is upheld, the newspapers concerned will be obliged to publish any critical adjudication in full and with due prominence.
The courts exercise exceptional caution when considering an application for a pre-trial, or interim, injunction. Interim injunctions will not be granted unless the words complained of are unarguably defamatory; there are no grounds for concluding that the statement may be true; there is no other defence which may succeed; and there is evidence that the defendant will repeat the defamatory allegations.
Injunctions to prevent defamatory statements being made where the exact words to be published are not known with reasonable certainty cannot be obtained.
Section 12 of the Human Rights Act 1998, which takes into account the British tradition of a strong free press and provides an extra safeguard for the Convention right to freedom of expression, applies when a court is considering whether to grant an interim injunction. Relief is not to be granted in the absence of the respondent unless the applicant has taken all reasonable steps to notify the respondent, or there are compelling reasons why the respondent should not be notified. Further, interim injunctions are not to be granted unless the court is satisfied that the applicant is likely to establish that publication should not be allowed. A claimant must convincingly establish a real prospect of success.
Damages
The claimant’s reputation is vindicated by the amount of damages (or financial compensation) he or she is awarded. A successful claimant cannot force the defendant to publish a correction or an apology. A jury usually decides the award of damages in defamation cases. Special damages compensate the claimant for actual financial loss. General damages compensate the claimant for the damage to his or her reputation.
General damages can take the form of compensatory, aggravated and exemplary damages. Exemplary (or punitive) damages can be awarded where the defendant publishes the defamatory matter because the prospects of material advantage to him or her outweigh the prospects of material loss.
The role played by juries in determining the level of damages awarded has, in the past, meant that libel awards were highly unpredictable and have been criticised as excessive.
Since then the Court of Appeal has held that judges, and counsel, should be free to draw the attention of juries to awards made in personal injury cases. The appropriate range of award can also be indicated to the jury. Damages for even the most seriously defamatory allegation are unlikely to exceed about £200,000.
Press Complaints Commission
Complaints about the unethical behaviour of newspapers and magazines can be made to the Press Complaints Commission (PCC). The Press Complaints Commission cannot award damages. If a complaint is upheld, the newspapers concerned will be obliged to publish any critical adjudication in full and with due prominence.
