Press Release, Kate and Gerry McCann secure £55,000 in libel

Press Release
Date 3 October 2014
Carter-Ruck
Sunday Times apologises and agrees to pay
Kate and Gerry McCann £55,000 in libel
damages
C a r t e r - R u c k Solicitors
T h e S u n d a y T i m e s has agreed to pay Kate and Gerry McCann £ 5 5 , 0 0 0 in
libel d a m a g e s (all of which they will d o n a t e to two charities - Missing
People and the Joe Humphries Memorial Trust).
Mr and Mrs M c C a n n ' s complaint related to an article by the S u n d a y T i m e s '
"Insight" t e a m published on the front page of the newspaper in O c t o b e r
2013. T h e article alleged that Mr and Mrs M c C a n n and Madeleine's Fund
had kept secret f r o m the investigating authorities crucial evidence (primarily
consisting of "e-fits" obtained by private investigators) relating to their
daughter's abduction.
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T h e S u n d a y T i m e s ' allegations were completely false. As the n e w s p a p e r
now accepts, there is no question of the M c C a n n s having sought to
s u p p r e s s any evidence; indeed all of the material collated by the private
investigators had been provided to the relevant Portuguese and
Leicestershire police four years earlier. T h e private investigators' report
(including the e-fits) was also provided to the Metropolitan Police in 2011
shortly
after
the
Met
commenced
its
review
into
Madeleine's
disappearance.
T h e S u n d a y T i m e s has also agreed to pay the McCanns' legal costs of
bringing the complaint.
Partners
T h e M c C a n n s have today issued a statement c o m m e n t i n g on this case, a
copy of w h i c h is attached.
Alasdair Pepper
Guy M a r t i n
Nigel Tait
Ruth Collard
Cameron Doley
Claire Gill
For further information please contact A d a m Tudor at [email protected] or Z o e Brocket at [email protected]
A d a m Tudor
Isabel Martorell
Stephen Loughrey
Consultant
A n d r e w Stephenson
Partnership Secretary
Helen Burrluck
A u t h o r i s e d and regulated
by the Solicitors Regulation
Authority
PCRI -1652461.1
SRA N o . 4 4 7 6 9
3 October 2014
Kate and Gerry McCann hit out at "same old press
abuse" by newspapers
The couple receive £55,000 in libel damages from
Sunday Times
Kate and Gerry M c C a n n today hit out at the continued failure of the UK newspaper
industry to put their house in order after the Sunday Times agreed to pay £ 5 5 , 0 0 0 in
libel d a m a g e s (all of w h i c h they will donate to charity) for allegations m a d e at a time
when the S u n d a y T i m e s w a s proclaiming that press abuse was at an end and there
was no need for the independent regulation proposed by Leveson a year previously.
The M c C a n n s w e r e libelled in a front-page article by the Sunday T i m e s ' "Insight"
team in October 2013.
Gerry M c C a n n pointed out that the n e w s p a p e r ' s behaviour typified all that w a s w r o n g
with journalistic practices.
•
the S u n d a y T i m e s team did not provide the McCanns with any proper
opportunity to c o m m e n t on these appalling allegations before they were
published. T h e y withheld important aspects of the allegations they were
intending to make and chose not to publish key parts of the M c C a n n s '
response. A b o v e all, the S u n d a y T i m e s was on express notice that the
allegations were false, yet they still w e n t ahead and published them.
•
Initially, the M c C a n n s sought to resolve the complaint amicably by writing to
the Editor direct. However, the half-baked, inadequate response they
received m e a n t that they were left with no choice but to instruct their lawyers,
Carter-Ruck
•
Faced with the grotesque and utterly false suggestion that they had, in effect,
deliberately hindered the search for their daughter and thereby let the trail go
cold, Mr a n d Mrs M c C a n n had no alternative but to bring a libel complaint in
order to correct falsehoods which could only serve to d a m a g e the search for
their daughter
•
Eventually, two months later, the S u n d a y Times a c k n o w l e d g e d that its article
had been completely false and published a full retraction and apology. But
even t h e n the apology was tucked away on an inside page. T h e newspaper
even refused to include the word "apology" in its headline.
•
It then took a further 9 months, and the issuing of Court proceedings by the
McCanns, to require the Sunday T i m e s to make sensible proposals to
c o m p e n s a t e t h e m and to allow t h e m to m a k e that fact public. Every penny of
the d a m a g e s will be going to charity and the Sunday Times will also be
paying the M c C a n n s ' legal fees.
1
McCann/Sunday T i m e s - Press Release - 3.10.2014
1652465_1
Speaking today, Mr and Mrs M c C a n n said
"The Sunday T i m e s has behaved disgracefully. T h e r e is no sign of any "postLeveson improvement" in the behaviour of n e w s p a p e r s like this.
"Despite the history of admitted libels in respect of my family by so m a n y
newspapers, the S u n d a y T i m e s still felt able to print an indefensible front page story
last year and then force us to instruct lawyers - and even to start Court proceedings before it behaved reasonably. But the d a m a g e to reputation and to feelings has been
done and the S u n d a y T i m e s can sit back enjoy its sales boost based on lies and
abuse"
"This is exactly w h y Parliament and Lord Justice Leveson called for truly effective
independent self-regulation of n e w s p a p e r s - to protect ordinary m e m b e r s of the
public from this sort of a b u s e . "
"It is also why the provision of low-cost arbitration for libel and privacy claims is so
important. W e were able to use our lawyers, Carter-Ruck, w h o were willing to back
our complaint and w h o a g r e e d to act on a "no win, no fee" basis - but even that form
of access to justice is currently under threat. T h e fact is that most families could not
take the financial and legal risk of going to the high Court and facing down a big
press bully as w e have. That is why News UK and the big n e w s p a p e r s have o p p o s e d
Leveson's reforms and the arbitration s c h e m e w h i c h is a necessary part of it. "
"It is why the latest industry poodle, IPSO, w h i c h the T i m e s editor was allowed to
help appoint, does not e v e n have the power to insist on its m e m b e r s providing
arbitration that L e v e s o n required."
"It is time for Parliament to remind the n e w s p a p e r owners that it is the people and
their elected representatives who run the country, not the moguls, and if they
continue to reject L e v e s o n then as Lord Justice Leveson himself said, it will be
imposed on them to protect the public and public interest journalism."
Notes to editors
T h e defamatory article alleged that Mr and Mrs M c C a n n had kept secret from
the investigating authorities crucial evidence (primarily consisting of "e-fits"
obtained by private investigators) relating to their daughter's abduction.
2.
T h e Sunday T i m e s ' allegations were completely false.
3.
As the n e w s p a p e r now accepts, there is no question of the McCanns having
sought to suppress any evidence; indeed all of the material collated by the
private investigators had been provided to the relevant Portuguese and
Leicestershire police four years earlier. T h e private investigators' report
(including the e-fits) w a s also provided to the Metropolitan Police in 2011 shortly
after it c o m m e n c e d its review into Madeleine's disappearance.
2
McCann/Sunday Times - Press Release - 3.10.2014
1652465_1
4.
T h e S u n d a y Times refused to apologise or to make a prompt and prominent
correction. T h e correction they printed 6 w e e k s later was on an inside page and
w a s inadequate.
5.
T h e M c C a n n s w e r e forced to m a k e a legal claim in the High Court because of
the Sunday Times' refusal to accept responsibility.
6.
Only after the newspaper w a s s u e d did the it accept liability and offer to settle
the case.
3
M c C a n n / S u n d a y Times - Press Release - 3.10.2014
1652465_1