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The libel survivor - what it's like to be faced with a gruelling libel claim
Author: Hardeep Singh 15 Sep 2011 | 00:00 |
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http://www.legalweek.com/legal-week/analysis/2108919/libel-survivor-faced-libel-claim
16/12/2012
The libel survivor - what it's like to be faced with a gruelling libel claim - Legalweek
Page 2 of 4
Court of public opinion When I look back at the last few years, its glaringly obvious that my legal victory wasnt solely down to my own tenacity, although determination and the chutzpah to face complete ruin clearly helped. There are groups of people who played a significant role in my eventual victory for freedom of speech: these include the press (popular and trade); the Libel Reform Campaign; politicians (in particular Fiona Mactaggart); and my legal team which in the end included Londons most notorious libel law firm, Carter-Ruck. Jonathan Heawood, director of English PEN a charity promoting the rights of writers told me that he was delighted to hear that the case was over, but remains horrified that it even got off the ground. The combination of appalling case and costs management with the fundamentally unbalanced law created a perfect storm of injustice, he says. It seems to me, though, that the lesson any aspiring libel claimant should learn is that, in the current climate, libel proceedings run the risk of drawing such unwanted press coverage to a story so as to render the libel proceedings pointless. In my case, an article which was originally read by around 300 people, soon became a broadsheet story, His Holiness quickly came to be seen as an enemy of free speech. Headlines in the broadsheets, trade press, blogosphere (by bloggers such as Jack of Kent @jackofkent) and discussions on flagship radio programmes generated a groundswell of popular support. In one article the eminent cardiologist Dr Peter Wilmshurst and I were jointly described as the UKs latest libel martyrs. In the court of public opinion, His Holiness and his entourage were coming out second best. The use of social networking, in particular Twitter, as a campaigning tool also provided an essential platform for galvanizing a global network of sympathetic supporters. Most significant of all, the results of hearings were reported on Twitter in real time. Dont bring God to court In paragraph 30 of the judgment in my case, Mr Justice Eady quotes the decision in Blake v Associated Newspapers: It is well established... that the court will not venture into doctrinal disputes or differences. But there is authority that the courts will not regulate issues as to the procedures adopted by religious bodies or the customs and practices of a particular religious community or questions as to the moral and religious fitness of a person to carry out the spiritual and pastoral duties of his office. Mr Justice Eady struck out His Holiness claim after accepting submissions that the courts could not deal with matters of doctrinal differences. In legal speak the matter was non-justiciable. The strategist behind the technical knockout was my lawyer at the time, Barjinder Sahota, from Sahota Solicitors. The case later became a legal authority in another related libel case, Shergill v Purewal. The road to libel reform My journey presents some important considerations for policy makers in the context of libel tourism, doctrinal disputes and access to justice. The Draft Defamation Bill deals with the hotly-debated phenomenon of libel tourism. This by definition involves cases which are brought against people who are not domiciled in the UK or Europe. The courts will not have jurisdiction to hear such cases unless they are satisfied that England and Wales is clearly the most appropriate place in which to bring an action. Less well publicised is that this does not include cases such as mine where a non-domicile sues a domicile. Access to justice issues and inequality of arms are undoubtedly central to the debate in libel reform. The law can be tweaked and even updated to reflect aspects of the digital age, but in the absence of a low-cost procedure, the moola is simply the rate-limiting factor. There is hope on the horizon: the Early Resolution group offers alternative mediation in libel disputes with the promise: Your dispute could be resolved in 28 days. There is no doubt that quick resolution on the meaning of words via such arbitration is a much more affordable alternative. I surmise its better than spending nearly a six-figure sum over almost four years to be told that the description cult leader is non-justiciable. The day of my final victory will be forever etched in my mind. Its undoubtedly the greatest challenge I have ever faced and the pressure at times felt insuperable. I often felt as if I was hanging on the edge of chaos, almost descending into it. I eventually faced a cross roads I call it my Bruce Almighty moment where I made a stark choice: capitulate or embrace my path and stand by my writing.
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http://www.legalweek.com/legal-week/analysis/2108919/libel-survivor-faced-libel-claim
16/12/2012
The libel survivor - what it's like to be faced with a gruelling libel claim - Legalweek
Page 3 of 4
I did the latter and there was courage in it; six months on I look back at my victory for free expression with a sense of pride. Hardeep Singh is a freelance journalist and broadcaster and the press secretary for the Network of Sikh Organisations. He is one of 52,000 signatories at www.libelreform.org. Related: In depth: Defamation and privacy Libel reform - a hack's proposal
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http://www.legalweek.com/legal-week/analysis/2108919/libel-survivor-faced-libel-claim
16/12/2012
The libel survivor - what it's like to be faced with a gruelling libel claim - Legalweek
Page 4 of 4
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http://www.legalweek.com/legal-week/analysis/2108919/libel-survivor-faced-libel-claim
16/12/2012