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)

Me, Dave and the Royal Court of Justice result...

Picture from early on this evening  at the UNISON centre with my social media comrade, Dave Osland, enjoying some beers to celebrate another freedom of expression legal victory at the Royal Court of Justice.

Further details on the case will hopefully be blogged tomorrow.

Hat tip photo Stroppybird

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.

Europe tells Kaschke to go forth....

In March this year I posted here that the British Court of Appeal had finally thrown out the libel accusations against Labour Bloggers Alex Hilton, Dave Osler and myself made by Tower Hamlets Labour/Respect/Communist/ Conservative Party member, Johanna Kaschke. 

I have made it clear at the time that I think this has been a ludicrous waste of time, trouble and vast amounts of public money that was allowed to continue for four years despite having "no merit whatsoever". 

Many thanks yet again to top lawyers 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.

Recently Ms Kaschke has announced that the European Court of Human Rights (ECHR) have  rejected her appeal against the British Court's decision.  I am not sure which of the many appeals to the ECHR she said she would lodge have been rejected.  However, I assume that this matter is now finally finished. Ms Kaschke is of course busy blaming everyone else except herself for this outcome.

I thought to celebrate this occasion I should play this video recording of defendant Dave Osler at the Royal Court of Justice and his magnificent opening argument before Lord Justice Eady.  Luckily Robert and David were later able to rescue his defence.  Or so I am told.

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 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!!!!)

Kaschke Appeal in Osler case denied!

Just heard that the Court of Appeal has refused Kaschke's written request for permission to appeal about her case against Dave Olser being struck out as an abuse of process. 

I've just had this comment on Facebook from someone following this mess "Yippee! I await another interminable conspiracy blaming post...". 

No doubt she will now demand a full oral hearing before the Court of Appeal(as is her right - but of course a further complete and utter waste of Court time and public funds).

We may find out the result of another case tomorrow!

BA strike back on!

I got a text from one of our shop stewards this afternoon about this great victory for industrial democracy.

Even if you do not “agree” with the rights or wrongs of this particular strike you should accept it was fundamentally wrong of the High Court to have banned a strike which had such overwhelming support by union members in a free and fair secret ballot. As even Lord Chief Justice Lord Judge is (Evening Standard) said “it seems curious that BA should use a law introduced to protect union members from irresponsible and undemocratic actions by union leaders to circumvent the democratic wishes of the workers”.

Check out Brutish Airways and hat-tip for photo to Col. Roi.

Dave Osler and his “Schwarzwälderkirschtorte” update

Check out Dave Osler’s account here of Friday’s “performance” (in the true sense of the word) before Justice Eady at Court 13 in the Royal Court of Justice...and also an alternative view.

What a ridiculous and absurd waste of time, money and scarce judicial resources.

What a joke. Further evidence if needed that our libel laws are in a complete and utter mess!

At the Royal Court of Justice

On Friday outside the Royal Court of Justice was veteran anti-smoking campaigner and vegetarian Stuart Holmes (see picture). Stuart was protesting about an appeal that was taking place that day by publican Hamish Howitt over his conviction for allowing smoking to take place in his pub.

Howitt lost the appeal which was for a judicial review of his conviction.

As a former very enthusiastic smoker I can understand why smokers feel upset about the ban but the case for it on public health and the safety of staff is (in my view) unanswerable.

I had met up with Labour bloggers Alex Hilton and Dave Osler to take part in the latest farcical episode of our seemingly never ending saga. People will be glad to know that Alex who has been very seriously ill recently with Meningitis is “out and about” although not surprisingly he is still weak.

Dave had to dash off but Alex and I had a curry for lunch over which we sorted out all the internal problems with the Labour Party and how to bring the trade union movement up to speed with web 2.0.