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176.
In the premises, I do not accept that Digital UK has established
that it is entitled to special damages as a result of the publication of the
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Article.
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177.
Exemplary damages
Mr. Carolan did not press this. He submitted that, where an
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editor negligently fails to check up a story, the Court may infer
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recklessness. If so, there was a basis (Mr. Carolan suggested) for awarding
punitive damages.
178.
I think that ATOL was grossly negligent and irresponsible in
allowing the Article to be published in the form that it was. But I do not
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think that I am able on the available evidence to infer that ATOL was
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reckless in permitting the Article to appear on its website.
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179.
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I come to this conclusion, despite the absence of oral evidence
from ATOL. I accept that, had ATOL called witnesses, Mr. Carolan may
have put a case of recklessness to them. By failing to call witnesses, ATOL
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deprived Mr. Carolan of such a chance. Nonetheless, I do not think that it
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follows from this that I am bound to find recklessness. I must also evaluate
such evidence as there is and form some view on whether there is a basis
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for finding recklessness.
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180.
It seems to me that a careless and slipshod reading of the
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available source documents upon which Mr. Lintner may have relied upon,
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could conceivably have led an editor negligently to authorise publication of
Article. There has consequently been irresponsibility and gross negligence.
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