Joined: Jul 31 2003 Posts: 36786 Location: Leafy Worcester, home of the Black Pear
Ajw71 wrote:Don't know why don't you call him to explain the error of his ways.
I'm sure he will listen to you over his practising solicitor.
Because a lawyer has never taken a case he thought he might lose just for the fat fee. No sirree...
People sue and fail all the time. Even people with ever-so-expensive lawyers. On the face of it suing a newspaper for printing what everyone at the time thought was a genuine Police report appears doomed to failure, but strange things can happen in libel cases. Either way it will further damage his public image, which he claims to be so concerned about.
Hold on to me baby, his bony hands will do you no harm It said in the cards, we lost our souls to the Nameless One
Kosh wrote:Interesting. He intends to sue one or more newspapers for correctly reporting the news?
Has he had a blow to the head recently?
No..... I think he intends to sue for reporting something that was not correct. You cannot just repeat other peoples libeleous statements and report it as fact. Great care has to be taken with the written word and unless you have proof it has to be made clear the story is only alleged.
To publish in print an untruth about someone which will do harm to that persons's reputation by tending to bring them into ridicule or contempt of others is libel. There are some quite good examples earlier in this thread.
Joined: Jul 31 2003 Posts: 36786 Location: Leafy Worcester, home of the Black Pear
Lord Elpers wrote:No..... I think he intends to sue for reporting something that was not correct. You cannot just repeat other peoples libeleous statements and report it as fact. Great care has to be taken with the written word and unless you have proof it has to be made clear the story is only alleged.
To publish in print an untruth about someone which will do harm to that persons's reputation by tending to bring them into ridicule or contempt of others is libel. There are some quite good examples earlier in this thread.
The papers (and other media) reported the content of a leaked Police report. They were reporting facts. And so far nobody has proven that the report in question was false. All the reports I read were also at pains to point out that Mitchell denied the allegations contained in the report.
If you can't see the difference between this and your average libel case then I guess you must be Mitchell's legal adviser.
Hold on to me baby, his bony hands will do you no harm It said in the cards, we lost our souls to the Nameless One
Joined: May 10 2002 Posts: 47951 Location: Die Metropole
Kosh wrote:... If you can't see the difference between this and your average libel case then I guess you must be Mitchell's legal adviser.
~snigger~
The idea that you could sue the media for reporting, factually, what has gone one, is ludicrous, IMO. As you rightly point out.
But then it wouldn't surprise me if senior members of the government do not actually understand how law works. I recall that, just over a year ago. one Francis Maude apparently sat in a meeting with public service trade unions and suggested that the government could simply put employment legislation on hold for a month or so if convenient. He was, apparently, rather shocked when his civil servants returned to tell him that this really wasn't possible.
And this is a lawyer.
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Lord Elpers wrote: ... To publish in print an untruth about someone which will do harm to that persons's reputation by tending to bring them into ridicule or contempt of others is libel...
There you go then. This being Andrew Mitchell, there was no "bringing" involved, he was already there.
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Given that Mitchells nickname at public school and henceforth into his adult life was "Thrasher" because of his fondness of discipline and punishment then I'd think that the sort of things he's been accused of would only serve to enhance his hard earned and self appreciated reputation, indeed he didn't deny much of it.
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