Ready to deepen your knowledge and enhance your legal strategy in defamation proceedings? Explore how the concept of mitigation can be shifted from the plaintiff's obligation to the defendant's strategic defence. Examine how actions like issuing apologies or presenting evidence of previous compensations or even evidence of the “directly relevant background context” can significantly reduce awards in defamation suits. Attend and master the art of mitigating damages in your next defamation case.
1.00pm to 2.00pm “Mitigation” of Damages in Defamation
- What is “mitigation” of damages in defamation?
- In what circumstances can a court reduce the damages which would otherwise have been awarded to a plaintiff on the basis of evidence concerning the plaintiff’s character and reputation?
- What is the scope of the principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579?
- In what circumstances can a court reduce the damages which would otherwise have been awarded to a plaintiff on the basis of the plaintiff’s conduct during the trial?
Presented by Bruce Connell, Barrister, Fourth Floor, Selborne Chambers
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
*This is an interactive recording so that you can claim uncapped annual points from this type of activity
Presenters
Bruce Connell, Barrister, Fourth Floor, Selborne Chambers
Bruce Connell has a commercial and equity practice, including companies, trade practices and trusts. He also has a practice in defamation and other aspects of media law. Aside from numerous interlocutory and final hearings, case preparation and related advices, his practice has included a substantial amount of advising, including for Semi- Government instrumentalities, and legal and other and professional partnerships. He has conducted a substantial number of mediations for parties. He is a certified arbitrator. He mainly appears in the Supreme Court of NSW and in the Federal Court of Australia. He has also conducted a substantial number of cases in the ACT. Before coming to the bar, he was a partner of Blake Dawson Waldron, with a practice in commercial litigation and media law, predominantly for institutional clients. His early professional years were spent working as a research assistant for the Western Australian Attorney General and the Solicitor General specialising in constitutional law, lecturing in law, articling and subsequently working as an employed solicitor at Freehills in Sydney and then working at Blake Cassels and Graydon in Toronto, Canada, specializing in commercial areas of practice including banking, and mergers and acquisitions. He has an LLM from Osgoode Hall Law School in Toronto, Canada conducted by thesis (parallel pricing) and coursework.
