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Saturday, 24 July 2010

Victory for Gray and Hilton

The misconceived libel claim against Labour bloggers John Gray and Alex Hilton has been struck out for abuse of process.

(In this case I assisted Robert Dougans, who acted (brilliantly) for Alex.)

The judgment is now on-line, and it should be read in full by every blogger subject to the jurisdiction of the High Court.

I plan to write an analysis of the judgment, and its implications for bloggers and their webhosts, in the next week or so.

In the meantime, please leave below any comments and questions about the judgment.


COMMENTS MODERATION

No purely anonymous comments will be published; always use a name for ease of reference by other commenters.

ANY COMMENTS CRITICISING THE CLAIMANT WILL NOT BE PUBLISHED

9 comments:

@christheneck said...

This is the claimant's take on the judgement. People may form their own opinions. Even "Ponzes", whatever they are.

http://jkaschke.wordpress.com/2010/07/23/john-gray-has-become-a-fat-ponze/

Dr. Brian Blood said...

Ah, nothing like a little 'vulgar abuse' to get the day going.

http://jkaschke.wordpress.com/2010/07/23/john-gray-has-become-a-fat-ponze/

MTPT said...

Congratulations to all concerned; a good result.

It's worth reading the other four parts of the claimant's response for full effect:

http://jkaschke.wordpress.com/2010/07/24/yawn-yawn-boring-boring/

http://jkaschke.wordpress.com/2010/07/24/incompatibility-of-english-law/

http://jkaschke.wordpress.com/2010/07/23/uk-instituationally-racist/

http://jkaschke.wordpress.com/2010/07/23/the-stadlen-j-judgement-23-7-10/

John Collins said...

Reading through that and the previous judgment I do have the greatest difficulty in understanding what the esteemed claimant was actually complaining about.

modernity said...

Well done, I look forward to your analysis.

David Hartery said...

The drawback in English justice is, its that its case law based and little statute plays a role. The judges don’t even now the laws or the rules, they are just engulfed in their judicial strategy.

Hmm, at once misleading and unfair on the poor precedent system. Personally think that common law systems are much more fair and equitable than civil law systems, with their statutorily enforced rigidity. Sour grapes much?

Brigadier NTFQ Sixpence (Mrs) said...

Of course taking the high ground is important here, but there's a small part of me that wonders "Are any of the former plaintiff's comments actionable?"...

shirley can help said...

It seems to be over, congratulations.

Just out of curiosity, might it be possible to put a figure on how much even a dismissed action like this, involving 2(?) court appearances etc. actually costs the tax payer? Ie. percentage of judge's salary, room costs etc.
Sorry for coming across all bean-county, I would find an estimate genuinely interesting

DaveBush7 said...

About the case rather than the judgement, I've recently come across a similar problem of a web page changing / disappearing after a blogger has commented on it. Surely it would be really easy for the software supporting a blogging site to maintain some sort of "page quote" feature whereby the presence of a link in a blog causes the blog site to capture the page at the time the blog post was submitted.

This would then be available as reference if the page is ever changed - and it shouldn't be much more difficult to arrange that a reader following the link is alerted if the destination ever changes and then be given the chance of seeing the page that was commented on.