Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Barriers to succesfully suing a madman for defamation?

Re: Barriers to succesfully suing a madman for defamation?

Postby Smouldering Stoat » Wed Apr 26, 2017 7:19 pm

People reading news reports of a trial will remember the defamatory statement far better than they will remember the result, which may well be complex. And that assumes the claimant wins.
Smouldering Stoat
 
Posts: 6280
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Barriers to succesfully suing a madman for defamation?

Postby Scienke » Wed Apr 26, 2017 7:23 pm

atticus wrote:Plenty. Especially in online defamation cases. Read the Defamation Act 2013. A lot of online defamation cases fail to meet the requirements of that statute and are struck out.


I find S3 of the act - Honest Comment - fascinating. If the madman genuinely believed the defamatory comments that he was making were true I could see the claim possibly being thrown out.
Scienke
 
Posts: 107
Joined: Sat Apr 15, 2017 8:34 am

Re: Barriers to succesfully suing a madman for defamation?

Postby shootist » Wed Apr 26, 2017 8:14 pm

It seems that more often than not in defamation cases that it's the madman doing the suing.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3462
Joined: Sat Aug 10, 2013 9:40 pm

Re: Barriers to succesfully suing a madman for defamation?

Postby Scienke » Wed Apr 26, 2017 8:36 pm

Scienke wrote:
atticus wrote:Plenty. Especially in online defamation cases. Read the Defamation Act 2013. A lot of online defamation cases fail to meet the requirements of that statute and are struck out.


I find S3 of the act - Honest Comment - fascinating. If the madman genuinely believed the defamatory comments that he was making were true I could see the claim possibly being thrown out.


I've just read that the honest comment defence is for statements in the public interest. I believed that honest comment protects restaurant and film critics too so Im unsure if this is the case.
Scienke
 
Posts: 107
Joined: Sat Apr 15, 2017 8:34 am

Re: Barriers to succesfully suing a madman for defamation?

Postby dls » Wed Apr 26, 2017 8:41 pm

defamation litigation is a mug's game.


Particularly for claimants without a couple of hundred thousand in the bank they are happy to throw away.

Everything about the original post suggests thsi is something to stay very well clear of.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12085
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Barriers to succesfully suing a madman for defamation?

Postby dls » Wed Apr 26, 2017 8:42 pm

People reading news reports of a trial will remember the defamatory statement far better than they will remember the result, which may well be complex. And that assumes the claimant wins.

100%
A defamation claim only promotes the defamation.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12085
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Barriers to succesfully suing a madman for defamation?

Postby Scienke » Wed Apr 26, 2017 8:50 pm

But if you defame someone and they end up losing their job as a result, would the defamed party be better off taking issue with the employer rather than the defamer?
Scienke
 
Posts: 107
Joined: Sat Apr 15, 2017 8:34 am

Re: Barriers to succesfully suing a madman for defamation?

Postby tph » Wed Apr 26, 2017 8:54 pm

Has the person been approached about the statement and has an apology been requested? Surely anyone who made a statement during a period when they were mentally impaired would withdraw that statement and apologise when their normal mental state returned.
User avatar
tph
 
Posts: 596
Joined: Sun Nov 04, 2012 11:54 pm

Re: Barriers to succesfully suing a madman for defamation?

Postby Scienke » Wed Apr 26, 2017 8:55 pm

tph wrote:Has the person been approached about the statement and has an apology been requested? Surely anyone who made a statement during a period when they were mentally impaired would withdraw that statement and apologise when their normal mental state returned.


It hasn't actually happened. At least not to me or anyone I know. It was just a premise I was curious about.
Scienke
 
Posts: 107
Joined: Sat Apr 15, 2017 8:34 am

Re: Barriers to succesfully suing a madman for defamation?

Postby tph » Wed Apr 26, 2017 8:56 pm

Scienke wrote:But if you defame someone and they end up losing their job as a result, would the defamed party be better off taking issue with the employer rather than the defamer?


If someone loses their job over a statement which is not true that is wrongful dismissal.
User avatar
tph
 
Posts: 596
Joined: Sun Nov 04, 2012 11:54 pm

PreviousNext

Return to Torts - Negligence, Defamation and others

Who is online

Users browsing this forum: No registered users and 1 guest

cron