Antoniou, Alexandros (2018) When the litigation winner becomes the loser: undeserving claimants and mitigation of damages in libel claims. The Journal of Media Law, 10 (2). pp. 128-158. DOI https://doi.org/10.1080/17577632.2019.1574468
Antoniou, Alexandros (2018) When the litigation winner becomes the loser: undeserving claimants and mitigation of damages in libel claims. The Journal of Media Law, 10 (2). pp. 128-158. DOI https://doi.org/10.1080/17577632.2019.1574468
Antoniou, Alexandros (2018) When the litigation winner becomes the loser: undeserving claimants and mitigation of damages in libel claims. The Journal of Media Law, 10 (2). pp. 128-158. DOI https://doi.org/10.1080/17577632.2019.1574468
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 |
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Uncontrolled Keywords: | defamation; libel; libel damages; mitigation; dishonest claimants; tort law |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 30 Jan 2019 16:23 |
Last Modified: | 06 Jan 2022 13:57 |
URI: | http://repository.essex.ac.uk/id/eprint/23896 |
Available files
Filename: akantoniou-AM-articleID-RJML 1574468.pdf