Andrew Mitchell, the former Cabinet Minister at the centre of what has become known as “Plebgate” has issued Court Proceedings against the Sun Newspaper for libel. Is he making the claim under a No Win No Fee though?
What Is Libel?
The Oxford Dictionary defines libel as “a published false statement that is damaging to a person’s reputation.”
Why Has He Sued?
He feels that he has been wronged by the Newspaper after he was accused by The Sun of a calling a police officer a ‘pleb’ when he was refused permission to take his bicycle through Downing Street gates in 2012. He said he had been the subject of “a campaign of vilification.” His lawyer, Graham Atkins said “we are seeking damages, an apology, an undertaking that the words complained of are not repeated, and costs.” When questioned, a spokesman for The Sunsaid: “We stand by our story and will defend this claim vigorously.”
How Much Compensation Will He Get?
There is no set figure but here are a few examples of other payouts which people have received for libellous comments:
Naomi Campbell – The Daily Mirror was ordered to pay £3,500 compensation for publishing ‘offensive and distressing’ pictures of her
Frankie Boyle – The Daily Mirror was ordered to pay him £54,000 compensation after describing him as ‘racist’
Kate Winslet – The Daily Mail paid her £25,000 compensation because of a feature that reportedly claimed that she lied about her exercise regime
If he wins, how much do you think Andrew Mitchell should receive in compensation??
Who Pays His Legal Costs?
Andrew Mitchell may have signed up to a Conditional Fee Agreement (CFA), also know as a No Win No Fee Agreement. If he is successful at Court or the Newspaper agrees to compensate him before it reaches Trial, the Newspaper will have to pay his legal costs as well as a ‘success fee’ if he has signed a CFA.
People are familiar with CFAs because they are most commonly in personal injury claims. Because of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the rules governing CFAs are changing in 3 days time, on 1st April 2013. From 1st April 2013 the compensating party will no longer pay the success fee, it will theoretically come out of the victim’s compensation.
Do You Want To Know More about No Win No Fee?
If you want to find out more from our website about claiming personal injury compensation on a No Win No Fee and CFAs, simply click here.
What To Do Now
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