Judge right to award lying libel claimant £1 damages, appeal rules
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By Michael Cross 2023-07-27T15:23:00+01:00
4 Comments
A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright (pictured) last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted 'deliberately false' evidence on the extent of harm caused by the libel.
Source: Shutterstock
Wright appealed on the grounds that the judge did not have the right to reduce damages in this way. His counsel likened damages for injury to reputation to damages for personal injury. It is legitimate to reduce damages on the grounds that the claimant's reputation was damaged before the publication complained of, but not because of post-publication misconduct, Lord Wolfson of One Essex Court submitted. The judge's decision was not based on any principled analysis but on a statement by Lord Hailsham in the landmark 1970 case Broome v Cassell.
However giving lead judgment in Wright v McCormack , Lord Justice Warby - the former head of the High Court media and communications list - found the judge's decision a 'legitimate application of the sound principles of defamation law'. The judge had found that 'the claimant had told lies... Dr Wright attempted to obtain an advantage by deceiving the court'.
While he agreed with the desirability of consistency in tort law, the case for Wright contains a fallacy, he said. 'The judge in this case did not engage in the prohibited process of ascertaining the damages to which the claimant was entitled and then reducing that figure to reflect the claimant's "litigation misconduct". The judge took account of the claimant's lies and his attempt to deceive the court as part of the process of ascertaining the claimant's entitlement.'
He dismissed the appeal; Lady Justice Andrews and Lord Justice Singh agreed.
The judgment is one of three concerning Wright to be published this week. In another, following a joint case management conference in two cases over disputes arising from Wright's claim to be the author of the seminal 2008 white paper which created bitcoin, Mr Justice Mellor revealed that the so-called ‘identity issue’ will be tested at a hearing scheduled for January and February next year.
This article is now closed for comment.
4 Comments
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Our Privacy Policy has changed. Please click here to read about how we process your data in compliance with the General Data Protection Regulation (GDPR). Skip to main content. Skip to navigation. The Law Society. Find a Solicitor. Gazette Jobs. The Gazette. Law Society Learning. Bookshop. Events. Library search. Insights. LSG logo. LSG logo. LSG logo. Mast navigation. Contact us. Advertise with us. Register now. Sign in. Search our site. Menu. Close menu. Home Back to parent navigation item Home Magazine. News Back to parent navigation item News Recent headlines Obiter Brexit Coronavirus. Analysis Back to parent navigation item Analysis Features Commentary and opinion Wellbeing Feedback Reviews Insights. Law Back to parent navigation item Law Personal injury Private client Property Risk and compliance Law reports Legal updates Litigation funding Practice points. Practice Back to parent navigation item Practice SDT and SRA interventions Practice management. In-house. 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Law Personal injury Private client Property Risk and compliance Law reports Legal updates Litigation funding Practice points A farewell to Quincecare ? Regulating artificial intelligence Training must embrace entrepreneurship. Practice SDT and SRA interventions Practice management Ghana is opening up Data page – July 2023 How will the non-compete ban affect law firms? In-house Mental health advocate helps colleagues with podcast The view from in-house Lawyer in the news: David Emery, Independent Office for Police Conduct Panel gains. People Profiles Roundtables Women in the Law Lawyer in the news My legal life Movers Deceased Lawyer in the news: Zareenah Rasool, Baker McKenzie My legal life: Jonathan Moses, Aaron & Partners Solicitor's small house has a big legacy. Jobs. Directories Legal Services Directory Charity Explorer Animals and Birds Arts, culture & sport Children and youth Disability support Education Environment and heritage Hospitals and hospices Medical relief and research Older people Overseas aid and development Social welfare Trades and professions. Magazine. More from navigation items. Law. By Michael Cross 2023-07-27T15:23:00+01:00. 4 Comments. A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright (pictured) last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted 'deliberately false' evidence on the extent of harm caused by the libel. Source: Shutterstock. Wright appealed on the grounds that the judge did not have the right to reduce damages in this way. His counsel likened damages for injury to reputation to damages for personal injury. It is legitimate to reduce damages on the grounds that the claimant's reputation was damaged before the publication complained of, but not because of post-publication misconduct, Lord Wolfson of One Essex Court submitted. The judge's decision was not based on any principled analysis but on a statement by Lord Hailsham in the landmark 1970 case Broome v Cassell. However giving lead judgment in Wright v McCormack , Lord Justice Warby - the former head of the High Court media and communications list - found the judge's decision a 'legitimate application of the sound principles of defamation law'. The judge had found that 'the claimant had told lies... Dr Wright attempted to obtain an advantage by deceiving the court'. While he agreed with the desirability of consistency in tort law, the case for Wright contains a fallacy, he said. 'The judge in this case did not engage in the prohibited process of ascertaining the damages to which the claimant was entitled and then reducing that figure to reflect the claimant's "litigation misconduct". The judge took account of the claimant's lies and his attempt to deceive the court as part of the process of ascertaining the claimant's entitlement.' He dismissed the appeal; Lady Justice Andrews and Lord Justice Singh agreed. The judgment is one of three concerning Wright to be published this week. In another, following a joint case management conference in two cases over disputes arising from Wright's claim to be the author of the seminal 2008 white paper which created bitcoin, Mr Justice Mellor revealed that the so-called ‘identity issue’ will be tested at a hearing scheduled for January and February next year. This article is now closed for comment. 4 Comments. 4 Readers' comments. More from Law. News 'Shockwaves' as Supreme Court rules litigation funding deals unenforceable 2023-07-26T09:10:00Z Agreements fall within statutory definition of DBAs, court rules as it allows appeal in truck cartel case. News Judge throws out environmental 'breach of duty' claim against Shell 2023-07-25T11:52:00Z Action was the first derivative claim under the Companies Act 2006 to allege breaches of duty relating to a company's environmental strategy. News Polo trade mark case thrown out after evidence 'problems' 2023-07-24T08:41:00Z Court hears of 'likelihood of confusion' between Beverly Hills Polo Club and Royal County of Berkshire Polo Club brands. Partnership. Charity Explorer provides a reputable reference tool for solicitors, will-writers and their clients who want to leave a legacy or charitable gift. Visit Charity Explorer. Whether you are looking for legal expert witnesses, legal training/CPD providers, international law firms, administration of estates, legal software suppliers, barristers chambers or any other general legal service, the Legal Services Directory will provide a suitable option. Visit Legal Services Directory. Find out more about the benefits of membership. Find out more about the Law Society. Recommended services. Law Society Learning. Bookshop. Events. Online library. Recent issues. A-Z contributors. Submit a move. Write for us. Permission enquiries. Privacy and Cookies. Site terms. Contact us. Advertise with us. Print subscriptions. Copyright © 2023 The Law Society. Site powered by Webvision Cloud.