Mitigation of damages

Nail v News Group Newspapers Ltd and others CA TLR 6 January

There is no conventional or standard discount when an offer of amends has been accepted and an agreed apology published. Each case is different and requires individual consideration but most will exhibit substantial mitigation. Libel damages were assessed at the time of assessment so that the defendant’s conduct after publication could aggravate or mitigate the award. In the present case, the judge had given a 50% discount to take account of the accepted offer of amends and the Court upheld his decision. Where an offer of amends has been accepted, the procedure not only involves an apology but also a willingness by the defendant to pay proper compensation and costs and to subject those to judicial determination if not agreed.