The International Forum for Responsible Media Blog

Category: Libel (Page 1 of 91)

Case Report: Banks v Cadwalladr, Day 2, Claimant and Defendant cross-examined

On, 17 January 2002, the second day of the libel trial in the case of Banks v Cadwalladr, Mrs Justice Steyn heard evidence from both the claimant and the defendant.  The cross-examination of the claimant, Arron Banks, by Gavin Millar QC concluded in the morning.  The afternoon was taken up by the beginning of what promises to be a lengthy cross-examination of the defendant, Carole Cadwalladr, by William McCormick QC. Continue reading

Libel: What can Northern Ireland teach us about serious harm? – Mark Hann

Northern Ireland has never shown much enthusiasm for the Defamation Act 2013. When it first came on the agenda for debate there, the Finance Minister at the time declined to table it and declared that ‘Northern Ireland had no plans to review its defamation law’. However, it is only now that the Northern Ireland Assembly has been formally tasked with contemplating similar reform (see the Northern Ireland Defamation Bill) that the full scale of hostility towards the 2013 Act has come to the fore. Continue reading

Fighting fire with fire: making counter-allegations in response to a libel – Adham Harkin and Tom Double

It is normally defamatory to allege that a party has committed a serious crime.  However many publishees will choose to publicly rebut an allegation, accuse the publisher of dishonesty and/or make counter-allegations, rather than sue for libel.  But does this itself not put the accused at risk of being sued for defamation themselves? Continue reading

Libel and the Crime and Courts Act: Why not commence the carrot? – Robert Sharp

In my recent post on the Malkiewicz v UK application, I noted two ideas for reducing exorbitant cost of defamation proceedings. One was to allow publication proceedings to be heard in the County Courts, taking advantage of the costs limitations imposed by the ‘small claims’ and ‘fast track’ procedural rules. Alternatively, a new specialist court or tribunal could handle such claims. Continue reading

Malkiewicz v United Kingdom: Time for the County Courts to Hear Defamation Cases? – Robert Sharp

It has long been accepted that the eye-watering costs of English libel litigation present a double ‘chill.’ On the one hand, the fear of having to defend a libel action means that many public interest news stories are spiked or watered down before publication. Meanwhile, when an ordinary person discovers that a lie has been published about them in a national newspaper, the cost of seeking redress is prohibitive. Bringing or defending a claim immediately puts a party on the hook for tens of thousands of pounds. If the case goes to trial then you risk paying a six-figure sum. Continue reading

« Older posts

© 2022 Inforrm's Blog

Theme by Anders NorénUp ↑