Case Law: McAlpine v Bercow (No.2), Sally Bercow’s tweet was defamatory – Hugh Tomlinson QC

24 05 2013

Lord McAlpineSally BercowIn a judgment handed down on 24 May 2013 ([2013] EWHC 1342 (QB)) Mr Justice Tugendhat ruled that a tweet sent by Sally Bercow bore the “natural and ordinary” defamatory meaning that Lord McAlpine “was a paedophile who was guilty of sexually abusing boys living in care“.  In the alternative, he held that the tweet bore an “innuendo meaning” to the same effect.   The Guardian reports that Ms Bercow said she was “surprised and disappointed” by the ruling but accepted it as the end of the matter.  A settlement has now been agreed between the parties. Read the rest of this entry »





Defamation Act 2013 – A boost for free speech – Part 4: Single publication rule, forum shopping and juries – Timothy Pinto

24 05 2013

In this final part of four posts by Timothy Pinto of Taylor Wessing, assessment is provided on further key provisions of the Defamation Act 2013. These are the single publication rule, action against a person not domiciled in the EU, the presumption of trials by judge, and publication by losing defendants of a summary of the court’s judgment. Part 1 was on “Serious Harm, Truth and Honest Opinion“, Part 2 on “Public Interest and Privilege” and Part 3 on “Intermediary liability. Read the rest of this entry »