Ratio Decidendi
A claimant who proves defamation but whose own conduct means he has suffered no real damage may be awarded only nominal damages. The House of Lords reduced the jury award from £85,000 to £1 for a footballer who won a libel claim but was found to have been involved in match-fixing corruption.
Fapte
Bruce Grobbelaar, the former Liverpool goalkeeper, sued The Sun newspaper for libel over articles alleging he had accepted bribes to fix football matches. Grobbelaar denied the allegations. After two trials, the jury found in his favour and awarded £85,000 damages. The Sun appealed.
Rezumatul hotărârii
The House of Lords held that while the jury was entitled to find for Grobbelaar on the defamation claim (the allegations were unproven to the civil standard), the overwhelming weight of evidence showed he had acted corruptly. His reputation was therefore worth very little. Damages were reduced to the nominal sum of £1. The case established that nominal damages may be appropriate in defamation where the claimant's own conduct has degraded his reputation.
Citate cheie
"In some cases the award of a merely nominal sum may be an adequate vindication of the claimant's reputation."
— Lord Bingham
Tratament ulterior
Cited as authority for the principle that nominal damages may be appropriate in defamation where the claimant's conduct undermines the value of their reputation.