由此
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A
B
156.
A
In all those circumstances, I think that Mr. Carolan’s
suggestion of $1 million in general damages in respect of ARY is fully
C
B
C
justified.
D
D
E
157.
In Jameel (Mohammed) v. Wall Street Journal Europe Sprl
E
[2007] 1 AC 359 (HL), Mr. Jameel received an award of £30,000 in respect
F
G
of a wrongful allegation of terrorist financing. The award which I make
here is greater because the allegations made against ARY do not stop at
F
G
terrorist financing. ARY also stands wrongfully accused in the Article of
H
H
money laundering and drug trafficking.
I
I
158.
J
By contrast, I differ with Mr. Carolan in relation to $1 million
J
in general damages for Digital UK.
K
K
159.
L
A corporation is different from a human being.
In
Lord Hoffmann’s words (see Jameel at §91):“In the case of an individual, his reputation is a part of his
personality, the ‘immortal part’ of himself and it is right that he
should be entitled to vindicate his reputation and receive
compensation for a slur upon it without proof of financial loss.
But a commercial company has no soul and its reputation is no
more than a commercial asset, something attached to its trading
name which brings in customers. I see no reason why the rule
which requires proof of damage to commercial assets in other
torts, such as malicious falsehood, should not also apply to
defamation.”
M
N
O
P
M
N
O
P
Q
Q
R
L
160.
Lord Hoffman’s was a dissenting judgment in Jameel.
R
Nonetheless, even according to the majority in the latter case, for reasons
S
T
similar to those summarised by Lord Hoffmann, the principle is
(see Jameel at §13 (Lord Bingham citing Kay LJ in South Hetton Coal Co.
S
T
Ld. v. North-Eastern News Association Ltd. [1894] 1 QB 133 (at 148)):U
U
V
V
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