Irving v. Lipstadt


Holocaust Denial on Trial, Trial Judgment: Electronic Edition, by Charles Gray

Table of Contents

Relevant considerations

3.1Where the publication of defamatory words is proved and no substantive defence has been established, English law presumes that damage will have been done to the reputation of the person defamed. The amount of the damages recoverable by a particular claimant, if successful on liability, will depend on a variety of factors including the nature and gravity of the libel; the extent of its dissemination; the standing of the claimant; the injury to his or her feelings; the extent of any additional injury inflicted by the conduct of the defendants; and so on. It is possible to claim pecuniary loss but no such   claim arises here. Damages maybe reduced, perhaps even to vanishing point, to the extent that the defendants succeed in partially justifying the defamatory imputations complained of.25


25. Pamplin v Express Newspapers (1988) 1 W.L.R. 116
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