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Libel And Professional Indemnity Claims relating to the publishing industry

The following claims examples has kindly been provided by Royal Sun Alliance Insurance plc who are market leaders in Libel and Professional Indemnity Insurance.

1. Libel and Infringement of Copyright Claims

Newspapers and magazines with a large national circulation are most at risk of high profile, costly libel actions. However, those distributed to a local audience are not immune, as the following examples illustrate.

  • A local paper reported that a husband and wife had been accused of witchcraft by a member of their family and local priest. The accusations could not be substantiated and the publishers of the newspaper were required to retract the story and issue an apology.
  • A publication reported the manager of a football club as stating that he was planning to resign in view of the club's serious financial difficulties; he was accused of having misled the club's supporters. In fact, the manager had vowed to stay with the club. Substantial undisclosed libel damages and an apology were received from the publication following legal action.
  • A libel claim brought against a regional newspaper by a well-known couple who had been reported erroneously to be on the brink of separation resulted in a settlement costing £40,000.
  • After an audit of a recently acquired company the new directors alleged that it was in a much worse situation that had been represented to them at the time of the sale. Their claims of serious inconsistencies in the company's financial statements were widely reported. The previous directors refuted these claims and sued the new directors for libel. Substantial defence costs were paid in defending the action.
  • A religious organisation published a leaflet in which defamatory statements were made concerning the activities and beliefs of one of its former members. In the subsequent libel action, damages of £55,000 were awarded against the organisation.
  • A firm of general practitioners were successfully sued for libel by one of their former partners. The firm had issues a press release containing serious criticisms of the former partner's abilities and conduct. The information was subsequently printed in several local newspapers and in specialist medical publications. Damages of £50,000 plus costs were awarded against the firm.
  • A book publisher was sued for breach of copyright and passing off by a fellow publisher who claimed that the title of a new book was too similar to a work already published by them. Substantial costs were incurred to defend the action.
  • A number of libel actions have arisen as a result of the publication of reports of disciplinary or misconduct proceedings in the magazines of professional institutes or societies.
  • The writer of an autobiography successfully defended a libel action by an individual who had claimed that suggestions in the book that they had had a relationship were unfounded. However, the author incurred irrecoverable costs in excess of £50,000.
  • A publishing firm is alleged to have committed a breach of copyright by publishing extracts of a literary work the rights for which were owned by a third party. The estimated cost of the action is £10,000.

2. Professional Indemnity Claims

  • A firm of marketing consultants were contracted to assist with a promotion for phone cards. The promotion consisted of a leaflet with a 'peel and reveal' sticker with various prizes being available. Unfortunately the sticker was made of transparent material meaning that the details of the prize were visible. The estimated cost of the claim by the clients is £63,500.
  • The publishers of a magazine omitted to include a client's advertisement in the edition which coincided with Mothers' Day. The client, a retailer of luxury chocolates, claimed that it had lost trade as the advertisement gave details of a special Mothers' Day promotion. They are refusing to pay for the advertisement and are claiming compensation for the loss of income. The estimated cost of the claim is £30,000.
  • A publisher was contracted to produce a magazine for a client involved in the television rental business. The publishers included a leaflet advertising one of their client's competitors in the magazine; readers of the leaflet would learn that the competitor offered TV rental at rates 50% below those of the client company. The client is claiming for loss of business as a result of customers defecting to the competitor. Claim estimate: £10,000.

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