The fact that more than 1,000 people - including two media celebrities - contributed to the crowdfunding of a libel defence exacerbated the harm done by the original publication, a judge has ruled. In John Ware v Paddy French, Mr Justice Julian Knowles awarded £90,000 in damages to broadcaster John Ware over articles published online and distributed to colleagues accusing him of 'rogue journalism'.
Retired television producer Paddy French made the allegations following a 2019 BBC Panorama programme about the rise of antisemitism in the Labour Party under Jeremy Corbyn. A preliminary ruling in 2021 found the articles to be defamatory.
French did not attend a hearing to determine whether the publications had caused 'serious harm' as required under the 2013 Defamation Act, and, if so, what remedies should be ordered. In judgment, Knowles said French's 'whole attitude to these proceedings... has been one of contempt'.
The judge found 'overwhelming' the case that the article, which was distributed to more than 100 senior managers of the BBC as well as other major media organisations, had seriously damaged Ware's credibility as a journalist. 'I conclude the defendant intentionally targeted these recipients so as to inflict the maximum harm,' he found.
French initially defended the claim, telling potential supporters that his legal team included solicitors Bindmans and barristers Hugh Tomlinson and Darryl Hutcheon. However a defence of truth was withdrawn in June this year. According to the judgment, French then attempted to 'cheat the claimant of vindication by pretending that he had been unfairly prevented from mounting the dfence he wanted to mount'.
Given the likely advice of his 'exceptionally distinguised' counsel, this was 'a knowing, deliberate and cynical distortion of what the defendant must have known to be true', the judge found.
A crowdfunding exercise, which raised over £90,000 from more than 1,000 people, 'very seriously exacerbated' the damage caused by the article. The fact that French's backers included former Pink Floyd musician Roger Waters and film director Ken Loach attracted further attention to the defamation. 'This, therefore, is a case where there is direct and tangible evidence of the efffect which the defendant's libel had in the minds of some, to the serious dertiment of the claimant's reputation,' the judge concluded.
French's 'aggravating conduct' justified an award of £90,000 - £50,000 more than that originally sought, the judge said. He also granted a permanent injunction against republication of the defamatory material and ordered French to pay Ware's costs.
William Bennett KC, instructed by Patron Law, appeared for the claimant. The defendant did not appear and was not represented.
