Libel Reform Celebration

Last Wednesday evening I was invited to take part in an event organised by the Libel Reform campaigners to celebrate the Defamation Act which received Royal Assent in April.

This Act has been achieved very much against the odds and is a real victory for free speech, reasoned argument and citizen power.

It has still not been "enacted" and there are concerns that much of the detail on regulations and procedures have not been clarified. Also Northern Ireland needs to ensure that citizens have the same protection as elsewhere. But the Libel Reform campaign has been incredibly successful in such a short period of time (2009). There is still more to do of course.

I met my old blogging mucker, fellow Labour Party loyalist and Libel Survivor Dave Osler in the Betsey Trotwood Pub beforehand. At the event (next door at the Free Word Centre in Farringdon, London) itself we met up with Alex Hilton (see photo right) and Libel freedom fighters David Allen Green,  Robert Dougans and Nick Cohen.

After the event we retired back to the Betsey to continue putting our world to rights. Interestingly, Dave Osler is going to provide me with evidence that Trotsky was actually all the long a mixed economy reformist - just like me :)

(sorry picture is a little flat but surprisingly cannot find anything better on internet to pinch)

"Defamation Bill agreed by Parliament" Hip, Hip Hooray!

Great news! I received this email this evening. Well done to everyone involved in getting rid (mostly) of this nasty, vindictive, unjust, unfair and horrible stain on the whole British judicial process. 

I hope they are celebrating:)

(for details of picture see here)

"Dear Friends

We have some great news to share. The Defamation Bill has been agreed by Parliament and is now just waiting for Royal Assent, which will probably happen today, before becoming an Act of Parliament. This is undoubtedly down to all of your hard work with us over the last few years and you all deserve a huge thank you!

Below are some of the reactions from some of the Libel Reform Campaign supporters. You can read more here: http://www.libelreform.org/news

Tracey Brown, Director, Sense About Science said: “A campaign of small organisations, thousands of individuals and good parliamentarians has achieved changes that were denied to citizens for a century. We can now decide to publish based on ‘is it true’, not ‘will they sue’.”

Kirsty Hughes, Chief Executive, Index on Censorship said: “We now have a Defamation Bill that will strengthen freedom of expression, end the global chill from libel tourism and restrict corporations from suing citizen critics.”

Jo Glanville, Director, English PEN said: “This has been a remarkable campaign that has united politicians and campaigners to reform a law that had become an international embarrassment. The chill has had an impact on anyone speaking out in the public interest - from scientists to bloggers - so this is good news for freedom of speech in the UK.”

Dr Evan Harris, Libel Reform Campaign parliamentary adviser said: “As someone involved the campaign from the start, and from inside and outside Parliament, I can see what an achievement it is to achieve this reform.”

Simon Singh, science writer and defendant in BCA v Singh said: “This is an extraordinary story of cross party collaboration, fired up by a grass roots campaign, backed by everyone from nerds to Mumsnet, which includes mums who are also nerds.”

Justine Roberts, CEO and co-founder of parenting forum Mumsnet said: “It's not perfect, and of course we don't yet have the full detail on how the regulations will deal with publication on the internet. But we applaud the hard work of everyone involved, and are very happy to have been a part of this much-needed reform.”

Charmian Gooch, Director, Global Witness said: “The passage of the Defamation Bill is a long overdue victory in the campaign to reform the UK’s outdated and repressive libel laws.”

You can also read our initial analysis of the Bill (PDF)

We're going to arrange a bit of a gathering to get supporters and champions of the campaign together to celebrate this wonderful accomplishment and let you know what needs to happen next. We all still need to keep the pressure on to make sure the new law is enacted as soon as possible, clear and robust regulations are published, new Civil Procedure Rules are issued and most importantly we need to tell those who try and silence free speech through that libel they can't get away with it any more.

We'll be in touch with more details soon!

Síle & Mike

Information: www.libelreform.org"

Twitter Joke Appeal: David Allen Green is the Real 007

Great news yesterday that Paul Chambers was cleared by the Lord Chief Justice at the High Court of a criminal conviction for making a daft comment on twitter.

Paul was supported during his appeal(s) by Comedians Stephen Fry and Al Murray.

While his legal team was headed by top solicitor, David Allen Green (also known as blogger "Jack of Kent")

I sent David a twitter message that this is yet another notch for justice in his legal gown!

This is an important victory for free speech and will hopefully make those responsible for protecting us against real terrorist threats think carefully before abusing their powers in such a way. 

I met Paul briefly with David when he was making one of his very many appearances at the Royal Court of Justice (RCJ).

When I was having my own "difficulties" at the RCJ, David helped me out immensely (alongside my Tory comrade, Commissar Robert Dougans). I posted the picture above here (which got this response from you-know-who).

Claimant get £75k Costs Judgement against him in Richard Dawkins, Amazon and Vaughan Jones Libel "strike out".

We have the most stupid, wasteful and self destructive libel laws in the world. Last Friday afternoon in a hearing at the Royal Court of Justice an application to strike out libel action against Richard Dawkins, Amazon and Vaughan Jones (see 2nd left) was agreed and a £75,000 cost judgement

awarded against the claimant Christopher McGarth.

I do actually blame the court process and the law  for this complete and utter waste of time and a huge amount of personal, company and public money.

Litigants in person who have frankly ridiculous legal cases are allowed by the Court to bankrupt not only themselves but also those they perceive to have grievances against almost regardless of the merits of their often weird and wonderful claims.

There is a 39 page written judgement with regard to this latest case which is mostly legal gobbledygook. However I was pleased to see a couple of references in the judgement justifying the strike out to the completely bonkers Kaschke case that I had been most unfortunately a party to. Fellow libel survivors David Osler and Hardeep Singh joined Vaughan outside the Court (see 2nd left with legal advisers including the indomitable Robert Dougans 3rd right).

Afterwards we went for some celebratory sherbets in a local hostelry followed by the traditional basement "libel victory curry" (joined by my best mate ever Mrs Stroppy Olser!).  Media lawyer David Allen Green (aka Jack of Kent) also assisted with the defence. When he posts on case I will link.

Draft Defamation Bill Scrutiny and the three Labour blogger comrades!

On Friday evening I made a (very last minute) submission to the House of Commons Joint Committee on the
Draft Defamation Bill. For nearly 4 years Labour bloggers Dave Osler, myself and Alex Hilton had to fight a series of completely daft and ludicrous defamation claims in the Royal Court of Justice.  Thanks to pro bono (free!) help by expert solicitors David Allen Green and Robert Dougans the claims were eventually dismissed.

I was going to post on my submission but yesterday I got an acknowledgement from the  committee which suggested that I would be unable to post on it until they published my evidence.  So (if this is correct) I will have to keep stum for now.  It is an interesting story I think.  I hope it will help help organisations such as "Sense about Science" to fight the good fight against censorship and the current gross abuse of our Libel laws.

(This picture was taken at a curry house near to the Royal Court of Justice after something sensible was decided)

Dave is on the left of picture, then me, then Alex.  I do enjoy getting facebook reports about when Dave goes to lefty Trot parties and social events he is introduced as "this is Dave Osler, a friend of John Gray" :)

Kaschke Blogging Libel Update

The legal saga and complete waste of Court time and public funds continues. Please bear with me while I try to set the scene and explain - since it is just a tinny weeny bit confusing.

In 2007 Tower Hamlet's own SPD turned Labour Party turned Respect turned CPGB turned CPB turned Labour and finally Conservative Party blogger, Johanna Kaschke, sued for libel Labour bloggers Dave Osler (Dave's Part), Alex Hilton (Labourhome) and myself.  In September 2010 Kaschke's ludicrous case against Dave had been finally and completely thrown out of court for abuse of process.  She is still as you can see threatening him with some sort of legal action.

In July 2010 her case against Alex and I was struck out also for abuse of process (pending appeals). Last week, Kaschke lost a written appeal against the decision to strike out her claim (see copy of order left) despite her "lengthy arguments". However she is still allowed to have a oral hearing requesting an appeal.  This will now take place at the Royal Court of Justice on 2 March 2011. 

Alex and I are being ably assisted by Assistant Solicitor of the Year" (2010) and The Times "Lawyer of the week" Robert Dougans and top legal blogger, David Allen Green, (aka Jack of Kent).

I am of course pleased that Ms Kaschke, who obviously as a personal libel litigant is concerned about reputational damage has decided to withdraw her incisive, intellectual masterpiece post "John Gray is a Fat Ponze".

:)

UPDATE: but I have been reminded that she still posts here "Incumbent Labour Councillor Worships Machinegun wielding hero".

Kaschke loses Libel Appeal against Dave Osler

Another Tower Hamlets saga.  Self proclaimed “Party Shopper” Johanna Kaschke failed to get permission at the Royal Court of Justice (RCJ) today to appeal against her libel case being thrown out as an abuse of process.

Kaschke was trying to sue Dave for libel over a web post he did about her on his blog.  It was a completely ludicrous claim that should never have got before any court in the first place and should never have taken over 3 years to be dismissed.

One of her libel claims against Dave was that a commentator on his blog had described her as being "one cherry short of a Schwarzwälder Kirschtorte".

Kaschke has exhausted the British judicial process but will no doubt continue to try and waste public funds on other pointless legal adventures.

I’ve just had a cheery conversation with Dave on the phone.  Much to my regret I was unable to be there in person.  He is in a pub (naturally) celebrating and about to go off to our favourite RCJ Indian restaurant for a meal.  Before going off to the AWL 70^th anniversary “celebration” of Trotsky’s assassination! (or something like that?) A busy day.  My AWL invite must have been lost in the post.

Dave (Photo: on the left of course) thanks his top Solicitor-Advocate, Robert Dougans, (bottom of photo) and blogging solicitor David Allen Green (top - aka Jack of Kent).  No doubt Dave and David will post on today’s events in due course. 

Alex Hilton and I await the pleasure of Ms Kaschke company at the RCJ in a month or so as she seeks permission to appeal the judgment that her claim against us should also be thrown out. 

I can’t wait.

(pictures from Dave's partner Stroppy Bird who was herself libelled by Kaschke who keeps referring to her as Mrs Osler!!!!)