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When the litigation winner becomes the loser: undeserving claimants and mitigation of damages in libel claims

Antoniou, Alexandros (2019) 'When the litigation winner becomes the loser: undeserving claimants and mitigation of damages in libel claims.' The Journal of Media Law, 10 (2). 128 - 158. ISSN 1757-7632

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Abstract

The article assesses how the English courts have compensated defamed claimants who had misconducted themselves before action or during the course of litigation. It demonstrates that in recent years judges appear to have liberalised their approach to accepting evidence in mitigation of libel damages and allowed claimants’ disreputable conduct to restrict the level of awards almost to a vanishing point. The article argues that this emerging approach does not cohere with that adopted in other branches of tort, where claimants’ misbehaviour does not affect the level of general damages awarded, and carries with it the risk of undermining the vindicatory policy of libel law.

Item Type: Article
Uncontrolled Keywords: defamation, libel, libel damages, mitigation, dishonest claimants, tort law
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 30 Jan 2019 16:23
Last Modified: 03 Jan 2020 02:00
URI: http://repository.essex.ac.uk/id/eprint/23896

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