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John v Mirror Group [1996] 2 All ER 35

Country:
United Kingdom
  • Plaintiff published an article claiming that Defendant had an eating disorder and Plaintiff sued Defendant for defamation.

  • This was accepted, but Plaintiff tried to claim exemplary damages on the grounds that Defendant’s standard of journalism had been very poor and had not tried to verify the facts.

  • CA held that the exemplary damages granted at first instance (£250k) were excessive as the story did not attack Plaintiff’s personal integrity.

    • Exemplary damages could only be granted where the defendant had no general belief in the truth of what he had published and had been motivated by a cynical calculation that publication was to his mercenary advantage AND a sum calculated on the ordinary basis was inadequate as a punishment/deterrent.

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