“…as bad before or at the time of the publication complained of, but not because of post-publication misconduct. The principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579(that in assessing damages the court may take account of “directly relevant background context”) may not be expressly limited to pre-publication conduct but it …”
“…tigated the damage, or “directly relevant background context” which had the same effect in accordance with Burstein v Times Newspapers Ltd [2000] EWCA Civ 338, [2001] 1 WLR 579, or both. Secondly, the Judge held that this was “not a case in which the damages award has an important role to play in vindicating the claimant’s reputation.…”