The award of £75,000 for damages made to Tony Purnell in his claim for libel against BusinessF1 Magazine and its editor Tom Rubython has been upheld by the Court of Appeal (Wednesday 18 April 2007).

Mr Purnell was awarded £75,000 by a jury in May 2006 despite the trial judge suggesting a bracket of £25,000 to £60,000. This damages award was preceded by an earlier Judgment by Eady J who decided that the Defence put forward by BusinessF1 and Mr Rubython was not capable of succeeding. The only decision for the Jury was the level of damages and they concluded that Mr Purnell should be awarded £75,000.

BusinessF1 and Mr Rubython appealed this award. The ground for appeal pursued was that by reason of the earlier Judgment striking out the defence, the trial jury should have been directed not to include any sum for vindication in their damages award.

In his Judgment in the Court of Appeal, Laws LJ was critical of Mr Rubython and BusinessF1 for attempting to cast doubt upon the Eady J Judgment in BusinessF1 Magazine and in Mr Rubython's submissions at trial but subsequently, in their appeal, asking Court of Appeal to "embrace" it. He concluded that the basis for the appeal lacked integrity and legal merit.

Tony Purnell is pleased that the Jury's verdict, in which he had great confidence, has been endorsed by the Court of Appeal. He has confirmed he will pay any proceeds from the claim to an educational charity established in honour of Formula One engineer, Harvey Postlethwaite.

Mr Purnell was represented by Dominic Crossley of steeles (law) llp and William Bennett of 5 Raymond Buildings. Mr Rubython and BusinessF1 Magazine were represented by David Price.