Army Officer Secures Record Damages Over False Torture Allegations

The Guardian newspaper has been ordered to pay libel damages of £58,500 to Colonel Jonathan Campbell-James, a distinguished British army officer recently returned from a tour of duty in Iraq.

In September 2004, under the headline "UK Officers 'linked to torture jail'" the Guardian published an article which falsely alleged that Colonel Campbell-James was stationed at the notorious Abu Ghraib jail in Iraq and, in so doing, linked him with the atrocities that took place there. In fact, Col Campbell-James was not even in Iraq at the time the abuse of prisoners took place, and as such the allegations published against the Colonel were entirely, and demonstrably, false. However, for three months the Guardian failed even to provide an apology.

Eventually, the Guardian made an "Offer of Amends" whereby it agreed to apologise for the libel and to pay damages to Colonel Campbell-James, as well as his legal fees. However, despite the seriousness of the allegations the newspaper made a derisory offer of damages, thereby leaving the Colonel with no alternative but to ask the Court to adjudicate.

On 28 April 2005 the case came before Mr Justice Eady, who heard evidence from the Claimant himself. Rejecting outright the Guardian's arguments, the Judge awarded Col Campbell-James £58,500.

In what was an unusually damning judgment, his Lordship commented that the Guardian's failure to make a prompt apology was a failure of "elementary human decency". The Judge also acknowledged the Colonel's distinguished service record and lamented the fact that the Guardian's failure to correct its article promptly had potentially placed the Colonel in physical danger in view of the potential risk of terrorist reprisals.

The damages award is the highest yet made by the Court under the Offer of Amends procedure available under the 1996 Defamation Act.

Colonel Campbell-James was represented by Nigel Tait and Robert Dougans under Carter-Ruck's Conditional Fee Agreement scheme.

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Summer 2005