Title: |
MCKENNA V MGN LIMITED
|
Date: 28.07.2006
|

BRIEFING NOTE
Between 1997 and 2003 Victor Lewis-Smith wrote a series of nine
articles making the same allegations against Paul McKenna in almost
identical terms; namely that Paul McKenna’s claim to hold a PhD
from a US university was fraudulent, because his degree had been
obtained by post and merely in return for the payment of
money.
Paul McKenna had put both Victor Lewis-Smith and the Daily
Mirror on notice of the fact that these allegations were untrue in
1997, but their continual repetition forced him to take action over
them, which he did initially by making a complaint to the Press
Complaints Commission. Unfortunately, despite its obvious merit,
the complaint was rejected by the Press Complaints Commission, and
Paul McKenna was obliged therefore to commence legal proceedings to
prevent further publication of these wholly false allegations, and
also to establish that they were untrue.
The response of the Mirror’s lawyer to Mr McKenna’s claim letter
can be judged from this extract:-
“… if your firm is foolish enough to advise your client that
he should issue proceedings over this matter and, in turn, your
client is foolish enough to accept that advice, then … your client
will find - to his immense cost, both personally and financially -
that he has picked the wrong fight, about the wrong article, and
with the wrong newspaper”
Despite this obvious attempt to deter Mr McKenna from protecting
his right to reputation by court proceedings, Mr McKenna has
confronted these allegations at trial and has now been vindicated
by the Judgment of Mr Justice Eady, which was handed down today.
Because of the absence of Victor Lewis-Smith from the trial, the
issue of damages will have to be dealt with at a later hearing.
The Judgment fully vindicates Mr McKenna in that it rejects both
the claim made by Mr Lewis-Smith and the Mirror that Mr McKenna’s
US degree was bogus, and that he was fraudulent in claiming to be
the holder of a PhD. It also describes the attitude of the Mirror
as “intransigent”, and refers to it indulging in “armchair
machismo” in its response to Mr Mckenna’s leg al action.
A statement from Mr McKenna is attached.
Paul McKenna was represented by Swan Turton, who instructed
Desmond Browne QC and Manuel Barca as trial Counsel. For more
details about the case contact JONATHAN
COAD at SWAN TURTON, 68A NEAL STREET, LONDON,
WC2H 9PA. TEL. 020 7520 9555 FAX. 020 7520 9556 EMAIL: jonathan.coad@swanturton.com
STATEMENT FROM PAUL MCKENNA
I am delighted with the verdict and very relieved that this
matter has finally been put to rest. When Victor Lewis-Smith first
claimed that I was misleading the public about the legitimacy of my
US degree I wrote to the Mirror explaining it was untrue.
Unfortunately Victor Lewis-Smith then chose to repeat these
damaging allegations eight more times.
Despite this I asked the Mirror for nothing more than a
correction. It was only because of their absolute refusal to do so
that I had no choice but to take the matter to court, whereupon the
Mirror's lawyer threatened to ruin me personally and financially. I
nonetheless felt I had to bring this case to restore my reputation
and protect the livelihoods of those who work for me.
I would like to thank the trial judge, Mr Justice Eady, my legal
team for their hard work, and all the people who have sent me
messages of support.
Paul McKenna’s PR agents are:-
NEIL READING PR
12 NEW BURLINGTON STREET
LONDON
W1S 3BF
020 7287 7711
<< back to news
|