Pupil Barrister
Today The Herald has published an opinion piece by me, urging reform of the libel law in Scotland.
Incredibly, the cradle of the Enlightenment offers fewer free speech protections than England and Wales. This state of affairs cannot be allowed to continue.
Read the whole thing in the paper, or at HeraldScotland.com.
On Tuesday I was quoted in a Belfast Telegraph report on the rise of super-injunctions in Northern Ireland. Super-injunctions, you will recall, are those special types of gagging-order where the judge not only stops you from reporting certain facts, but also bars you from even telling anyone you’ve been censored. As a rule of thumb, this tends to be a bad thing. Continue reading
Here’s something I put together for the Libel Reform Campaign.
As we prepare for the Defamation Bill debate in the House of Commons on Tuesday 16 April, another libel case has emerged that demonstrates the urgent need for libel reform.
The Libel Reform Campaign is urging its supporters to support a legal fighting fund for Lesley Kemp. Lesley is a professional transcriber living in Milton Keynes. In August last year she took on some work for a film production company based overseas. After the late payment of an invoice for just £146, and the deduction of a £25 fee for the international bank transfer, Lesley tweeted her frustration. When the account was finally paid in full, she followed up with a positive tweet noting that fact.
Lesley is now being sued by the director of the production company! The claimant’s solicitors are asking for damages, a permanent injunction and legal costs.
These proceedings have had a serious impact on Lesley’s well-being. She writes:
I am unable to afford legal representation and I’m ineligible for legal aid. The costs and other expenses associated with the legal process are prohibitive to me. I am almost 56 years of age, close to retirement but it looks very likely that this action … will result in the loss of my home and business and pretty much destroy my life.
Thankfully, Robert Dougans of legal firm Bryan Cave and barrister Jonathan Price have just agreed to represent Lesley on a no-win, no-fee basis. However, she must still pay court fees, other expenses, and an interim payment of costs to be able to take the case to trial. A fighting fund for Lesley Kemp as been set up at www.kapipal.com/lesley-kemp. A few supporters of the Libel Reform Campaign have already donated, but we need more people to chip-in to help her defend the case. We only need to raise about £800 to pay the fees ordered by the court. Another £1,000 will be needed to take the case to trial.
These disproportionate libel threats are precisely the kind of actions that the Libel Reform Campaign hopes will be resolved by the Defamation Bill. The toughened defences of serious harm and truth in the Bill would discourage such claims in the future.
However, the Defamation Bill is not yet law. The new defences we have campaigned for cannot help Lesley. Please visit www.kapipal.com/lesley-kemp today and make a small donation to Lesley’s fighting fund.
As well as quotes in the the Guardian and the Telegraph, I am also quoted in the Daily Mail today, discussing the same issue of libel law and corporations.
Libel lawyer and Tory MP Sir Edward Garnier has put down amendments to the Government’s Defamation Bill that would remove key sections designed to boost freedom of speech. … Robert Sharp, of English PEN, another group calling for change to protect freedom of speech, said both subclauses were essential ‘to stop the inequality of arms that corporations use’.
Author Niall Ferguson, who says he has been smeared by Pankaj Mishra. Photo by the Aspen Institute - Creative Commons Licence.
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