Front pages of the Daily Express and Daily Star, 19 March 2008

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First news of action against The Express Group, 05 March 2008

Private Eye - UK satirical magazine (no link)   Richard "Dirty" Desmond called in at the Oscars in LA on his way back from hawking OK! magazine around Australia, bringing along his top snapper to record the great man rubbing shoulders with Hollywood's finest.   But pressing the flesh with Elton John and other celebrities was not a pleasure he wished to share with his senior sidekick Martin "Rottweiler" Ellice - who was told to go back to head office in London and deal with the small matter of his titles being sued by the McCann family for all the rubbish stories they have carried since last year, many of which suggested - without any justification - that the parents might have killed their own child. Although Dirty Des's lawyers offered £250,000 in an attempt to settle quickly, the McCanns declined and insisted on £1m per newspaper - a total of £4m, covering the daily and Sunday versions of the Express and Star. Outside legal experts consulted by Desmond have reported back to him: "You're f*cked." That should, of course, be "Carter-F*cked" - for Kate and Gerry McCann have indeed turned to Britain's most aggressive libel lawyers in their attempt to stem the flow of nonsense written about them. The bad news: The DE pulling their articles was nothing to do with progress in the investigation. The good news: The Mcs have hired Peter Carter-Ruck and Partners. For those who don't know, this means they are really desperate.

Sky News confirms plans to sue The Express Group, 07 March 2008

Madeleine Parents Set To Sue Newspapers Sky News   Alistair Bunkall Sky News reporter Updated:12:18, Friday March 07, 2008   Lawyers for Kate and Gerry McCann are considering taking legal action against British newspapers whose coverage they feel to have been incorrect and unfair.   Principally they are looking at the publications in The Express Group: The Daily Express, The Sunday Express, The Daily Star and The Daily Star Sunday.   Clarence Mitchell, the spokesman for the McCann family, confirmed that their lawyers were in discussions, but denied that any writs had yet been issued.   "It's wrong to say that we're actually suing, but our lawyers have been assessing all articles, in all papers.   "We are extremely unhappy with The Express Group's coverage. We always said it was the worst amongst all the tabloids."   He also added that the figures that have been quoted in the media are wildly speculative and that The Express Group had made no initial offer for an out-of-court settlement.   Under UK law, the McCanns and their lawyers have a year from the publication of an article to decide whether they wish to take legal action against its content.   It is thought that in the case of the coverage they are assessing, that year would be up some time in mid-May, and a decision must be taken by then.   Clarence Mitchell denied the family were taking this action because the Find Madeleine fund was running low.   He said: "Yes, it's true that the fund is roughly half-way spent, but the main thing we require is an apology."   He added that any money won as a result of legal action would go straight back into the fund.

Guardian confirms involvement of Carter Ruck, 07 March 2008

McCann lawyers warn Express group The Guardian   Leigh Holmwood guardian.co.uk, Friday March 7 2008   Lawyers acting for Kate and Gerry McCann are considering taking legal action against Express Newspapers over what the couple claim to be a series of "wildly and grossly defamatory" articles about their missing daughter Madeleine.   The McCanns have made official complaints to Richard Desmond's newspaper group about its coverage in the Daily Express, Sunday Express, Daily Star and Daily Star Sunday through London law firm Carter Ruck, which specialises in high profile libel cases.   They are thought to be particularly upset by the coverage in the Daily Express, which has splashed on a nearly daily basis on the Madeleine case with what they believe are increasingly lurid stories and headlines.   The McCanns' spokesman, Clarence Mitchell, confirmed that complaints had been made to the newspaper group.   "Carter Ruck have been instructed to act on behalf of the McCanns to seek redress and discussions are ongoing, but beyond that it would be inappropriate to speculate on other courses of action," he said.   Adam Tudor, who is acting for the McCanns at Carter Ruck, added: "I and my firm have been instructed to bring complaints on their behalf and these complaints are ongoing."   The McCanns' legal moves against Express Newspapers were reported by Private Eye this week, although Mitchell said the magazine's claim that the McCanns were seeking £4m in damages was "wildly speculative".   He added that any damages won would go back into the Find Madeleine fund, which currently stands at £544,000 - nearly half the £1.2m it started with.   Mitchell said the McCanns were not targeting any one story in particular but were angry about a series of "wildly and grossly defamatory articles".   It is understood the McCanns are focussing on Express Newspapers as they believe its newspapers to be "amongst the worst offenders" and want a full apology and damages as well as costs.   Under UK law, the McCanns and their lawyers have a year from the publication of an article to decide whether they wish to take legal action against its content.   It is thought that in the case of the coverage they are assessing, that year would be up some time in mid-May and a decision must be taken by then.   Express Newspapers was contacted by MediaGuardian.co.uk but had not commented by the time of publication.

Journalists forbidden to write about Madeleine, 12 March 2008

Forbidden to write about Madeleine Jornal de Noticias 12 March 2008 (Translation by 'Astro' from the3arguidos) The journalists of Express Newspapers, the British media group that holds four tabloids, are forbidden to write about the disappearance of Madeleine McCann. The editorial decision was made after the parents of the child that has been missing for almost a year announced that they are preparing to sue the publications over articles that they consider "defamatory and rude". The prohibition affects all the newspapers of the group - Daily Express, Sunday Express, Daily Star and Daily Star Sunday - and left the reporters "furious". They say that the McCanns feel "threatened because we do not only write what they want to see in print. We also cover the investigation by the Portuguese police", said a source within the group that was contacted by JN. "The only thing that we want now is that they are forced to respond before a court, under oath, about the disappearance of their daughter. Maybe then, the public will see the answers to some questions, namely what happened on the night of May 3", [the source] said. Kate and Gerry McCann have decided to hire a reputable law firm in London, that is speacialised in defamation cases. They hope to receive 4 million pounds (over 5,5 million euros), an amount that the spokesman, Clarence Mitchell, assumes that will revert to the Find Madeleine fund.

Timesonline report, 13 March 2008

Mediapolis: Kate and Gerry McCann The Times   The Times, March 13 2008   Talk of Kate and Gerry McCann suing Richard Desmond's Daily Express and other newspapers is, for the moment, wide of the mark. Although nobody is prepared to comment, apparently talk of a demand of £1 million in compensation for alleged defamation is inaccurate. Indeed, no sums of money have been demanded or offered by either side. The couple want an apology, amid concerns about a series of what they say have been misleading headlines on as many as 40 stories in the tabloid, so money may not enter into it - but a writ is not ruled out. Interestingly, however, they clearly believe that the Press Complaints Commission was not able to help. Instead, the advice used by the McCanns comes from the Carter-Ruck law firm - and if they succeed against Mr Desmond's titles, other newspapers could be targeted. If money does change hands, it will be destined for the Find Madeleine fund.

Express titles cut back McCann coverage, 13 March 2008

Express titles cut back McCann coverage Guardian   Leigh Holmwood Thursday March 13 2008   Together with Princess Diana and the weather, the case of missing toddler Madeleine McCann has been one of the Daily Express's most popular recurring stories. But no longer, it seems.   Following the threat of legal action from Madeleine's parents Kate and Gerry over what their spokesman Clarence Mitchell described as a series of "wildly and grossly defamatory" articles, the paper, together with its Express Newspapers stablemates the Sunday Express, the Daily Star and Daily Star Sunday, has removed all references to the missing girl from its website search engine.   The Daily Express - the most prolific paper in covering the McCann case - has also notably toned down its print coverage over the past few weeks. The paper has not splashed on Madeleine McCann for well over a fortnight. Prior to that, she was regularly the lead story.   It is thought the threat of legal action by the McCanns has forced the Express Newspapers titles to scale back their coverage.   Mitchell confirmed to MediaGuardian.co.uk last week that the McCanns had instructed leading libel law firm Carter-Ruck to push for a settlement with Express Newspapers, although he dismissed as "wildly speculative" reports that the couple wanted £4m.   Readers searching for stories on Madeleine on both the Daily Express and Daily Star websites will struggle to find any mention, with both sites reporting zero articles on their search services despite publishing hundreds since she disappeared in Portugal in May last year.   Despite the removal of references to Madeleine, she remains one of the most popular online search requests among both titles' readers, taking up five of the top nine searches listed on the Express website, including the top three. Princess Diana comes fourth.   On the Daily Star's website, four of the 15 top searches listed are about Madeleine.   A spokesman for Express Newspapers declined to comment on the removal of the articles from the company's websites.   An email from the Daily Express online editor, Geoff Marsh, quoted on the website anorak.co.uk, said: "For operational reasons, some articles previously available on express.co.uk have been temporarily removed. I'm afraid I can't go into any more detail."   Carter-Ruck partner Adam Tudor, who is representing the McCanns, told MediaGuardian.co.uk last week that the complaints against Express Newspapers were ongoing.   However, it is thought the case could be settled imminently.

Roy Greenslade delighted at McCanns action, 13 March 2008

McCanns take on the Express at last Guardian   Roy Greenslade   March 13, 2008 11:43 AM   I am delighted that the McCann family has begun to get to grips with the scandalous story-telling in the Express titles following the disappearance of Madeleine McCann. It is all very well being obsessed by a story - that can often be of value - but to publish, day after day, contradictory and speculative articles based on anonymous sources and laced with innuendo is a disgrace.   Whatever opinions people hold about Madeleine's parents, Kate and Gerry, it is beyond dispute that the Daily and Sunday Express have published articles that were so offensive it was obvious that the McCanns could not let them pass.   I am not prejudging whether they can be deemed libellous. But no rational person who has read them on a regular basis, as I have done since May last year, can regard them as anything other than inappropriate, no more than speculation dressed up as fact.   Express editors have relied on that ignoble convention of using 'single quotes' in headlines to publish virtually anything, sometimes attributed merely to "police" and sometimes to unnamed sources. In so doing, they have gradually heaped suspicion on the McCanns. Here's a random selection of front pages:   'We can prove parents did it' - Portuguese police.   Kate faces ten years in jail - now parents could be charged with abandoning their children   'Syringe found in Madeleine's apartment'   Madeline was 'killed by sleeping pills' - sensational new claim   'Find body or McCanns will escape' - Portuguese prosecutor (allegedly) to police   McCanns 'are hiding a big secret' - speculation by John Stalker   'McCanns or a friend must be to blame' - interview with a waiter   Parents' car hid a corpse - Portuguese police again   McCann friends to be named as 'suspects' - (they were not)   70% don't believe McCanns - a splash based on Spanish TV phone vote   Many of these stories were followed a day later with articles carrying denials. But the drip-drip-drip damage of the negative splash headlines was surely more influential.   I am certain that some of the anti-McCann hysteria from those self-appointed busybodies who rage against the family stems from the prejudicial reporting in the Express titles. I have no hard evidence for that claim, of course. But I have hunch it's truer than many Express articles on Madeleine.

Edgar Forbes argues that McCanns have right to sue, 14 March 2008

Paying the price of press speculation Guardian   Edgar Forbes Friday March 14 2008 The press don't like to be silenced, but the threat of legal action by the McCanns against the Daily Express has done just that. Having flooded its front pages with headlines about the McCanns and their missing daughter Madeleine for the past 10 months, the Express has been forced to beat a retreat. Its expansive online archive on the McCanns has also been taken down. The fact that it could be facing a legal bill bigger than the profits generated by its headlines may have got the paper running scared, though reports suggesting the McCanns are suing the paper for £4m have been dismissed as "wildly speculative". But whatever figure is currently on the table, is it right that the McCanns should sue the press? Absolutely. Having engaged the media to support their search, the McCanns couldn't expect to be shielded from its spotlight. And it was perhaps no surprise the early empathy gave way to a more sceptical tone. But what followed was some of the wildest speculation witnessed in recent criminal investigations. Never has so little fact produced so many headlines. While much of the media coverage over the past 10 months has been as unhelpful as it has been inaccurate, some of it has been downright outrageous. The fact that Kate and Gerry McCann left Madeleine unattended and launched a media campaign does not lessen their right not to be defamed; the media must still take responsibility for its actions and coverage. The McCanns' spokesman, Clarence Mitchell, says they have been "grievously wronged" by much of the coverage, notably by the Express. It is understood that libel specialists Carter Ruck are assessing over 40 separate headlines and articles from Express Newspapers that are all potentially defamatory of the McCanns. All it takes is one defamatory headline to trigger a legal action but in this case there could be dozens, and the lawyers will be looking at the sum total of the coverage to assess the level of the damage. So the Express is right to be scared. It's no excuse to say that a grossly inaccurate story it ran came from a similarly unfounded report in the Portuguese press. In libel there is a well-established rule of repetition: repeating someone else's libel is still a libel. And each separate headline or story will trigger liability for libel in its own right. Take them together and while £4m may be steep, a high six-figure sum may not be unrealistic. It is likely both sides will want to settle. Failure to do so would mean a high court battle that would provide plenty of publicity and involve a jury, who would probably put a high price on the damage done by peddling speculation on the front pages. Recent libel rulings have made it clear that the courts will look at the overall context of a story, how it was put together and the neutrality or otherwise of the reporting. Adopting as fact something that one cannot prove to be true is not necessarily neutral but arguably irresponsible or biased reporting. Be it the Express or any other media outlet, it is not right that the McCanns as subjects or the public as readers should be exposed to irresponsible journalism. This case will hopefully provide a marker to help shape the way the media approaches speculation-led coverage in the future. · Edgar Forbes is a media law and reputational risk consultant

BBC breaks news that damages are to be paid, 18 March 2008

Damages due over McCann stories BBC News   By Richard Bilton BBC News special correspondent Last Updated: Tuesday, 18 March 2008, 22:02 GMT   Four newspapers are set to pay damages to the parents of Madeleine McCann, after settling a libel case, the BBC has learned.   The Daily and Sunday Express, along with the Daily Star and Daily Star Sunday are to pay a "substantial" sum and print front-page apologies.   Kate and Gerry McCann's lawyers said that some of the newspapers' articles were "grossly defamatory".   The couple say all the damages will be donated to the Find Madeleine fund.   The Daily Express is to carry a full front-page apology in Wednesday's paper, while the Star's apology will take over half its front-page.   The papers are expected to apologise for suggesting Kate and Gerry McCann were involved in their daughter's disappearance.   The action relates to more than 100 stories across the four titles, including 42 printed in the Daily Express.   Under the terms of the settlement - at Kate and Gerry McCann's insistence - Express Newspapers' barrister will also read out an apology before a judge at the High Court on Wednesday.   The Express group has agreed to all the McCanns' requests. It is also paying all their costs.   The McCanns have promised that the damages will be paid into the "fighting fund" set up to pay for efforts to find their missing daughter.   'Trust and credibility'   Media commentator Roy Greenslade said that for two national newspapers to carry front-page apologies at the same time was "unprecedented".   "I think this is an amazing stand-down, u-turn, by the Express newspapers," he said.   "I think when people realise that more than 100 stories have been complained about as being grossly defamatory, it will annihilate the Express' readers sense of trust and credibility in their newspaper."   Media lawyer Paul Gilbert from Finers Stephens Innocent said the courts encourage early settlement of defamation cases.   "Clearly the Express' lawyers felt this was a case they should settle without a high-profile trial - which it would be - and as a result have saved considerable costs," he said.   "It certainly is a warning sign to newspapers in the future, if they're going to speculate, they've got to be very careful about what they speculate about."   Madeleine, of Rothley, Leicestershire, went missing, aged three, in Praia da Luz in the Algarve on 3 May last year.

Tabloids apologise to McCanns, 18 March 2008

Express Wednesday 19/03/08 Tabloids apologise to McCanns Sky News Updated: 23:21, Tuesday March 18, 2008 Two British national newspapers have published front page apologies to the parents of missing Madeleine McCann for suggesting they caused her death and then covered it up. The Daily Express and Daily Star say there is no evidence to support this theory and that Kate and Gerry McCann are "completely innocent" of involvement in Madeleine's disappearance. The apologies came after the McCanns launched a legal action against several papers. The Express says it was taking "the unprecedented step" of making a front page apology. "We do so because we accept that a number of articles in the newspaper have suggested the couple caused the death of their missing daughter Madeleine and then covered it up. "We trust that the suspicion that has clouded their lives for many months will soon be lifted." The Express adds: "Kate and Gerry, we are truly sorry to have added to your distress. We assure you that we hope Madeleine will one day be found alive and well and will be restored to her loving family." Both papers say they have made a substantial donation to the Madeleine Fund. Media commentator Kim Fletcher told Sky News: "After the disappearance of Madeleine the Express decided that this story was a way to sell newspapers. "So, day after day we would see a story about the McCanns. "And the problem with that is that if you don't have a story to write you start writing gossip, which was what was happening, in effect. "They were writing every bit of speculation from any source. We wondered how long it could go on."

Daily Star/Daily Express apologise to the McCanns, 19 March 2008