James Price QC and William Bennett (instructed by Edwin Coe ) for the claimant; Richard Rampton QC and Kate Wilson (instructed by Legal Department, Times Newspapers Ltd ) for the defendant.
The claimant, a police officer, brought a libel claim against the defendant in respect of an article published first in print and then on the defendant’s website alleging that he was a corrupt officer. The defendant advanced two defences including that of justification. A police investigation was held which cleared the claimant of the alleged wrongdoing but the defendant failed to publish an update following the police inquiry and pursued the defence of justification until December 2013, when it abandoned the defence. In issue was the assessment of damages in respect of the article published between 2007 and 2009.
Once it was known that there was material which exonerated the claimant, in whole or in part, consideration should have been shown by the defendant for the claimant’s position by publishing the exculpatory material. The defendant had failed to show any such consideration. There was a need for proper vindication for the claimant. The aggressive conduct of the defendant’s case had increased the claimant’s distress and anxiety and the defendant had failed to act responsibly. Damages were awarded in the sum of £60,000.