MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC (1) NT1 made clear that he did not accept every finding of the sentencing Judge. He attempted twice to persuade me that the Judge’s findings about his role in Alpha were mistaken, using the same unmeritorious argument on both occasions. First, he said that the Judge had never heard from him, and so “I never had the opportunity” to present to the court “anything to contradict the judge’s impression”. It was, naturally enough, pointed out to him that he had had every opportunity to explain, but had chosen not to give evidence. He appeared to accept that. But when another of the Judge’s observations about his role was put to him a little later, he denied it was correct and said: “… I would remind you, my Lord, of my previous comment, that neither myself nor [Fitzgerald] gave evidence during the trial and, therefore, the judge’s conclusion is somewhat subjective.” This is a most unattractive line to take, and I disagree with the claimant’s assessment of the Judge’s findings. They were based on the evidence given at the trial over which he presided. They are consistent with evidence that has been adduced in this trial, and I consider them to be reliable. (2) NT1 also sought to persuade me that the Court of Appeal had taken a mistaken view of the settlement with the Inland Revenue, and that the sum paid had represented the full amount of the tax which the Revenue considered had been evaded. He described the calculation adopted by the Court as “subjective”. That was in my judgment an untenable position, given the conclusions of the Court and the facts recorded in the Court of Appeal judgment. The attempt to quarrel with this part of the reasoned judgment of the Court of Appeal (on other aspects of which he seeks to rely) was, in my view, another illustration of an obstinate tendency on NT1’s part to reject adverse Court findings, however well-founded. Assessment of the six complaints 93. For the following reasons, and further reasons given in detail in the Private Judgment, I reject all six complaints of inaccuracy. (1) The main complaint is that the headline of the First Article suggested that the claimant had been convicted of the second conspiracy. The Amended Defence admitted this alleged inaccuracy but asserted it was immaterial. In his written opening, Mr White argued that position on the basis that the offence of which NT1 was convicted was “very closely connected” to the other offending, and so serious that “the said inaccuracies would have no greater adverse impact on the claimant’s reputation than the true facts summarised in the” URLs. That argument is redolent of the somewhat complex statutory provisions of s 2(3) of the Defamation Act 2013, and I would have had to think hard before accepting it. In oral argument and in closing, however, Mr White put his client’s case rather differently, submitting that this article is not capable of bearing the meaning complained of, and that (having regard to the s 4(2) order postponing reporting) the First Article was “a classic contemporary court report”. I broadly agree with that. The claimant’s argument depends on taking the headline out of context in a way that is contrary to principle. Even if that was wrong, I would still not exercise my discretion to grant an order for the blocking or erasure of the URLs on this ground alone. The most that could be justified, assuming either to be practicable, would be a limited order for

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