MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
76.
Heads [1] and [2] can be seen as complementary or overlapping, because the overall
aim of compensation is, as usual in the case of civil wrongs, to restore the claimant to
the position they would have been in if the wrong had not been committed. Head [3]
is parasitic on proof of harm to reputation, and needs to bear some relationship to that
harm. It is important to keep all awards for libel in due proportion. To protect the
fundamental right of free speech they must be no more than necessary to protect the
right that has been interfered with: Rantzen v Mirror Group Newspapers (1986) Ltd
[1994] QB 670.
77.
Other factors that can affect the appropriate amount include: (1) whether or not the
defendant has persisted in maintaining the truth of what was said (John, ibid.); (2) the
fact that a reasoned award may help to vindicate a reputation: Purnell v Business F1
Magazine Ltd [2007] EWCA Civ 1382 [2008] 1 WLR 1, Cairns v Modi [2012]
EWCA Civ 1382 [2013] 1 WLR 1015 [31]; and (3) the status of the claimant: public
figures such as politicians are expected to be more robust than others, whatever the
actual position may be: Barron v Vines [86].
78.
There is an overall ceiling on awards in this field, currently about £300,000: Raj v
Bholowasia [2015] EWHC 382 (QB) [179] (HHJ Parkes QC). That sort of award is
only suitable for the gravest of libels such as widespread publication of allegations of
genocide, terrorism, or murder. There is no tariff of libel awards. The Court must seek
to reflect the particular features of an individual case by placing it in its proper
position on the scale that leads up to this maximum. Regard can be had to awards for
personal injury, and there are decisions on particular facts to which the court can have
regard, but there is nothing that really assists in this case.
79.
In this case, the allegations were serious but certainly not towards the top end of the
scale. The extent of publication was significant but not massive in its scale. The harm
to reputation, though serious, will not have been grave. The need for vindication is not
a weighty factor, as there has been no attempt to prove the truth of what was alleged.
This judgment will make the position clear to those who were unaware of it already.
Ms Monroe is a public figure, in the sense that she chooses to engage in public life
and to engage in political discourse in public forums. The injury to feelings was real
and substantial, and has continued. It has been significantly exacerbated by the way
the defence has been conducted. Nonetheless, compensation for hurt feelings should
be in scale with the award that seeks to compensate for harm to reputation.
80.
Taking account of all these matters, my award is £24,000. That is divided into
£16,000 for the First Tweet and £8,000 for the Second Tweet. The reason for this
division is that the majority of the harm to reputation will have been caused by the
First Tweet, and it was that tweet that caused the greatest injury to feelings at the
time. These awards are higher than they would have been, if damages had been
assessed at or shortly after the time of publication, because they take account of the
fact that harm to reputation has continued, and injury to feelings has been increased
by the defendant’s behaviour.
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