Taylor Wessing wins key victory for leading UK newspaper group, Associated Newspapers

28-Feb-2007  |  Copyright & Media Law

Lawyers Lorna Caddy, Niri Shanmuganathan, Neil White

 

Taylor Wessing has achieved a significant victory for long standing client, Associated Newspapers in obtaining the dismissal of a libel case brought against it by Alberta Matadeen, the owner of the former Alexandra Nursing Home in Erdington, Birmingham.

This case had been expected to be one of the largest UK libel actions to take place in recent years, with the trial involving some 52 witnesses scheduled for six weeks between April to May this year. Counsel Adrienne Page QC and Adam Speker were instructed on Associated Newspapers' behalf.

Mrs Matadeen's claim arose from front page news articles published in the Evening Standard in October 2002, alleging mistreatment of elderly and vulnerable residents of the Alexandra Nursing Home, which Mrs Matadeen owned. The articles were based upon a three-week undercover investigation carried out by one of the Standard's journalists.

Mrs Matadeen vigorously denied the allegations. She instructed solicitors on a conditional fee agreement without "after the event" insurance, and commenced proceedings against Associated Newspapers in October 2003.

The defence of this action became tantamount to a public enquiry into the treatment of residents and conditions at the Alexandra. A six-lawyer team from Taylor Wessing subsequently conducted a thorough investigation over nearly a four-year period, serving a resultant expert report and 20 detailed witness statements that corroborated the journalist's published observations. These included statements from the Government regulators, the Commission for Social Care Inspection, and relatives of the nursing home's residents, a staff member and a neighbour.

During the course of proceedings, Taylor Wessing obtained the first costs-capping order ever awarded in the context of libel proceedings, establishing this as a seminal case in the field.

Mrs Matadeen subsequently agreed to withdraw her claim, and the court dismissed it on 15 February 2007.

The Taylor Wessing Team representing Associated Newspapers comprised Partners Niri Shan and Neil White, and Associates Lorna Caddy, Simon Bourn, Holly Havers and David Allen Green.

Lead Partner, Niri Shan, comments:

"We are very pleased that all of the team's hard work over a sustained and lengthy period has been rewarded by the dismissal of Mrs Matadeen's claim. The article in the Evening Standard raised questions of serious concern and we are happy that the integrity of the story has been preserved."

Harvey Kass, Legal Director of Associated Newspapers says:

"This vindication of a major Evening Standard investigation has resulted from nearly 4 years of outstanding work by Niri Shan and the Taylor Wessing team along with our Counsel, Adrienne Page and Adam Speker."

Ends

Notes to editors

For more information please contact Sheena Lee at Taylor Wessing:

Tel:      +44 (0)20 7300 4930

Email:   s.lee@taylorwessing.com

Taylor Wessing is a leading law firm providing legal support for commercial organisations doing business in Europe. Based in Belgium, France, Germany and the UK, Taylor Wessing provides the full range of legal services to major corporations and growing enterprises. Taylor Wessing boasts a strong reputation in the corporate, finance and real estate sectors alongside in-depth experience across the full range of legal services including intellectual property and technology, tax, litigation & dispute resolution, employment & pensions and private client.

Taylor Wessing's Defamation Group has a first rate client base, drawing on the firm's established practice areas of publishing, entertainment, advertising and marketing, e-commerce, sport and media and more generally, intellectual property. We represent major international magazine, book and newspaper publishers, advertising agencies, high profile personalities and companies in relation to defamation claims, including providing pre-publication and strategic advice.

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