Something odd in the McAlpine v Bercow case – is legal precedent being ignored?

Posted: May 20, 2013 in Not Music

Pride's Purge

(not satire – it’s UK libel law)

Apparently something rather odd is afoot in the Lord McAlpine libel suit currently being heard against Sally Bercow in the High Court.

I have no legal background or grounding in law myself, but I’m told by those who have that it looks as though legal precedent is either being overlooked or is being strangely ignored.

According to case law, a previous judgement in Smith V ADVFN (another internet libel case involving multiple defendants) shows clearly that if the guidance in the case is followed, Lord McAlpine’s action should be doomed.

Put simply as possible, the judgement says that compensation in libel cases should be considered as a whole and not on an individual case by case basis – in order to avoid what the judgement calls ‘overcompensation’.

Here’s the relevant part of the judgement:

any distress and hurt feelings suffered would have to be compensated…

View original post 463 more words

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s