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Liverpool Echo
Liverpool Echo
Entertainment
Kate Lally

Everything that could happen when 'Wagatha' verdict is delivered

Almost two years on from a viral tweet that sparked a bitter WAG feud that gripped the nation, a court verdict is due to be delivered today.

In October 2019, Coleen Rooney said she had carried out a "sting operation" and accused Rebekah Vardy of leaking "false stories" about her private life to the press. The wife of former England star Wayne Rooney publicly claimed Mrs Vardy's account was the source behind three fake stories she had posted on her private Instagram account.

Mrs Vardy, who is married to Leicester striker Jamie Vardy, denied leaking the stories and sued her fellow footballer's wife for libel, while Mrs Rooney defended the claim on the basis her post was "substantially true".

READ MORE: Everything that's happened in the 'Wagatha' saga as verdict due today

Coleen said how she had shared fake stories to her Instagram account and set it so that only Rebekah's account could see it. Those stories then went on to appear in The S*n newspaper and other media outlets.

Mrs Rooney earned the nicknamed "Wagatha Christie" for her investigative skills in uncovering what she claimed had taken place. Rebekah categorically denied the accusation and said several people had had access to her account.

But the row caused a media storm, with millions of people hooked waiting to see what the latest development would be, and a high-profile court case ensued.

With a verdict due today (July 29), we've taken a look at every possible outcome of the court case.

What has to be proved?

In a libel case, it is up to the defendant – in this case Mrs Rooney – to prove their defence to the claim. In this case, Mrs Rooney relies on a defence of truth – that what she posted when she identified Mrs Vardy as the alleged leaker was “substantially true”.

She also contends that she reasonably believed it was in the public interest to expose Mrs Vardy as the alleged leaker. As this is a civil case, the standard of proof is “on the balance of probabilities”, or “more likely than not”.

How much in damages can Mrs Vardy expect to receive if she wins?

There is an upper limit of damages in libel actions of about £300,000, so that would be the maximum amount Mrs Vardy could receive.

The amount of damages awarded is likely to depend on a number of factors, including the level of harm caused to a person’s reputation and how many people read the published libel, but is usually dwarfed by legal costs.

Matthew Dando, partner at law firm Wiggin LLP, said: “Libel damages are virtually never as high as the costs of the process. If Mrs Vardy does win damages they will be a fraction of her total legal spend which will almost certainly exceed £1 million.”

Who will have to pay?

Generally, whoever loses the case pays the vast majority of the other party’s legal costs.

If Mrs Vardy wins and gets either the same level of damages she is seeking, or a higher amount, then Mrs Rooney will have to pay almost all of her legal costs, as well as her own. However, if there has been an attempt to reach a financial settlement at an earlier stage in proceedings, and an offer has been made in secret, this position changes.

If a defendant has offered a sum to settle a claim, and the claimant rejects it and then goes on to win the case, but is awarded a smaller sum than the earlier offer, the claimant will have to pay the defendant’s legal costs from the date the offer was made. So if Mrs Vardy wins, but is awarded only a small amount of damages, she may to have to pay a portion of Mrs Rooney’s costs, as Mrs Rooney said she previously made efforts to resolve the case “amicably” without the need for a trial in 2020.

Mark Stephens, media specialist at law firm Howard Kennedy, said: “It is a possibility that the judge says effectively ‘a plague on both your houses’ – I’m giving you notional damages or some small amount of damages.

According to the BBC, even if the judge decides Mrs Vardy wasn't the leaker, she could still lose if Mrs Justice Steyn accepts Mrs Rooney's defence that what she posted was something she reasonably believed at the time and was in the wider public interest.

But in the court of public opinion this scenario might feel more like a draw - with Mrs Vardy clearing her name of leaking stories yet ultimately losing her libel claim.

The ECHO is providing live updates of the verdict, and you can follow our coverage here

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