Meeting up with Stroppy Bird & Dave

It was great to meet up this evening with Yvonne and Dave at the Evin Restaurant in Dalston. It has been at least 2 years since we last met up (due to you know what). I had forgotten where the Overground platform was at Stratford station. 

Yvonne is a Councillor and Mayoral advisor in Hackney and Dave is a journalist. 

We first met in the Royal Court of Justice in 2009 (with Alex Hilton) when we had a little libel issue to sort out. This took about 2 years. 

Yvonne and I both bored Dave silly with our conversion about the exciting life that  London Councillors lead (knocking on doors, wearing hard hats and visiting dog pounds). 

We hope to meet up with our legal guru Robert Douglas soon (Alex is currently in Thailand I believe but will also try and invite)

High Court Strikes out Libel Claim as “totally without merit”

In a victory for free speech (and common sense) yesterday the High Court struck out a claim of libel against me by Kamran Malik (see judgment and order below). Mr Malik objected to me republishing here a government press release that described his imprisonment for immigration advice offenses. He will no doubt appeal.

If anyone wants to link or comment on this case can they please be careful and also be fully aware of the probable consequences. I have closed off my own comment thread.

Many thanks to my ace legal team - Barrister Jonathan Price, Solicitor Advocates Robert Dougans and Serena Cooke.

Check out the written judgment on this blogger page here

(UPDATE: there is a typo in the order that is being sorted)

Normfest memorial

This is a little late but after this event last month I "Ken Biked" to a "real-world celebration of Norm and his blogging".

Norman Geras, Marxist professor, Cricket fan, supporter of the invasion in Iraq and author of "Normblog" died of cancer last month aged 70.

This event was organised by fellow Euston Manifesto-ite Paul Evans at the Yorkshire Grey Pub in central London.

I was late but the event was still busy and it was striking to see so many people with a wide range of views gathering in appreciation of one incredibly honest, lucid and intelligent blogger.

Check out the tributes at Normfest.

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"

Libel reform campaign petition: Don't kill the Bill

I've signed this petition from the Libel reform campaign to my MP asking her to save the current Bill which has nearly passed through Parliament. However it has been hijacked by "unhelpful" amendments in the House of Lords.

While I would personally support these amendments, they are not relevant to libel law and appear likely to scupper the entire Bill.

By coincidence last Saturday was the 2nd anniversary of the throwing out by the Royal Court of Justice of a certain stupid, wasteful and completely pointless Libel case. If the new Bill was passed into law it would help prevent similar nonsense in the future. 

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.

Rally for Libel Reform

Picture is from last night's Rally for Libel Reform which took place at the Great Hall in the historic Inner Temple.

There was a number of speakers including Lord McNally, who is the Lib Dem Minister for Justice ,who said about the (probable) Libel Reform bill "This is not the end, not the beginning of the end but the end of the beginning".

Sir Stephen Sedley "The draft bill hasn't answered all the questions but has some of the answers", Simon Singh (a libel survivor see in picture with the fetching Mohican haircut), Nick Cohen (Observer) "not one of the stories in the NOTW and Sun enquiry has a public interest defence. Not a single one", DAG (New Statesman and free speech libel hero aka Jof k), Charmian Gooch (Global Witness), Tracey Brown (Sense About Science), Jonathan Heawood (English PEN) and Jo Glanville (Index on Censorship).

While picture on the right is of DAG, me, Vaughan Jones and top solicitor advocate Robert Dougans.  Vaughan is currently being sued by a Creationist for libel in the High Court. There is a strike out hearing next Friday. I am convinced that the litigant in person who is trying to sue him must be related in some way to my own favourite litigant ever!

Check out the radio podcast (36 minutes) interviewing Vaughan and Hardeep Singh (who is also in the top picture and who I met in the pub afterwards. He won the barmy libel case taken out against him but now has to sell his house to pay his legal costs! Which is an absolute disgrace. I can't at the moment find his interview. Will update when I do)

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 v. Gray & Hilton....you thought is was all over?...it is now!

After nearly 4 years of extensive litigation, Lord Justice Thomas today at a hearing in Court 68 of the Royal Courts of Justice refused Johanna Kaschke leave to appeal against her libel case being struck out.

He supported previous rulings that the difference between what Ms Kaschke has admitted to be true and what she thinks is libel, is so insignificant to be an abuse of a full Jury trial.  It is simply not worth the candle.  Even if she was to win (and of course she would not) her damages would only be minimal at very best.

Why this statement of the bleeding obvious has taken such a long time to come about at such a huge cost to the public purse is another matter.

This is now the end of the matter for Alex Hilton and myself.  Ms Kaschke of course intends to take the matter to the European Court of Human Rights (ECHR).  However, in the extremely unlikely event that the ECHR consider this a case worth examining it will be the British Government who will have to defend it not Alex or I.

Fellow defendant Dave Osler also had the case against him kicked out last year.

Many thanks to Robert Dougans, David Allen Green (Jack of Kent) and former members of the CCCP Young Pioneers for their outstanding help and support. Also last but not least thanks to Stroppy and Montrose. 

The final irony (of many) in this is that Ms Kaschke claims that she got involved in British Politics because she was worried as a Council tenant about her security of tenure. She then made her long march from Labour to Respect to CPGB to CPB to Labour (again briefly) then to the Conservative Party.  Her beloved David Cameron and his Tory-led government is now responsible for introducing changes to the Housing benefit system which will mean that Council tenants such as herself who under occupy their homes (have more bedrooms than they are deemed to need) will face being evicted.

Picture from last July when case first dismissed.

UPDATE: Check Index against Censorship press release and David Allen Green's post in the New Statesman about the case "with no merit whatsoever".

UPDATE: ECHR decision

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!!!!)

Finally - A Victory - for Common Sense.

We won. It's struck out.  What a complete and utter waste of time, energy and (public) money. Many thanks to Robert, David (and Matthew)

nuf said

Jack of Kent on "Kaschke v. you know who" case

Top legal blogger (and all round nice guy) Jack of Kent reports on the latest round of legal nonsense and complete waste of public funds here.

As usual he cuts to the quick to make complicated legal matters clear to (nearly) everyone.

"Assistant Solicitor of the Year" at this year's Lawyer Awards (June 2010) and The Times "Lawyer of the week" Robert Dougans is also doing his very best to sort out this utter mess.

See what happens tomorrow I suppose. 

This is purely coincidental and nothing to do whatsoever of course with the present case - but can anyone advise me what would happen to a claimant, who let us say, happened to blatantly lie repeatedly about a significant issue to a High Court Judge in a pre trail hearing?

I assume something pretty 'orrible?

Hat tip thingy for the above Jack of Kent caption to Science, Reason and Critical thinking

UPDATE:

The classic Battle of Cressy Poem:

"...Ha! cried the Prince, is it thou my gallant Jack of Kent,

Now charge with me my brave lad for thou has been sent

By God, to aid me in the midst of the fight,

So forward, and wield your cudgel with all your might...."