Litigation Letter
Jury verdict not perverse
Grobbelaar v News Group Newspapers Ltd and another (H of L TLR 25 October)
The Court of Appeal had been in error in concluding that on the evidence and on the judge’s direction, the jury must have
acted perversely in finding that the
Sun newspaper had defamed the football goalkeeper, Bruce Grobbelaar. However, the claimant had been shown to have acted in such
flagrant breach of his legal and moral obligations that it would be an affront to justice if a court of law were to award
him substantial damages. Accordingly, while the House of Lords restored the jury’s verdict, it reduced the damages awarded
from £85,000 to a nominal £1. In a dissenting judgment, Lord Steyn wholeheartedly agreed with the decision of the Court of
Appeal that the jury’s complete exoneration of Mr Grobbelaar was perverse and he should not receive even the derisory award
of £1.