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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

 

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