A lesson of history about libel

The legal threat of Niall Ferguson.

The legal threat of Niall Ferguson over a hostile review in the London Review of Books by Pankaj Mishra of his Civilisation: The West and the Rest is, at best, unfortunate.

As with the case of British Chiropractic Association v Simon Singh, one suspects that this is the sort of dispute not well suited to a libel court. Whether Mishra's (frankly rather unreadable) review actually made the "insinuations" that Ferguson asserts, does not, in my view, lend itself easily to the libel litigation process. By the time Ferguson's meaning of the "words complained of" is determined, and all the applicable defences worked out, one or two years will have passed and hundreds of thousands of pounds will have been spent. And the case would still probably be no nearer trial.

A better way would be, as Ferguson has indeed done, to set out why Mishra's insinuations are incorrect. If Mishra was wrong-headed in, for example, comparing Ferguson's approach with that of a little-known vile American historian, then Ferguson's rebuttal will be all that is really needed. There appears to be no good reason for Ferguson to press on for an "apology" backed with the threat of expensive libel litigation. An apology in such circumstances would not have any real-world effect of vindication. In fact, it may well be said that Ferguson -- paradoxically -- will have damaged his reputation more with a threat of a libel action than any book review by Mishra would ever do.

One would instead urge the approach of historians of previous generations. For example, in the early 1960s, Hugh Trevor-Roper and AJP Taylor got into a vicious spat over the latter's Origins of the Second World War. Trevor-Roper, a professor at Oxford University, wrote an extremely aggressive review of his colleague's book, ending with the comment:

It [the book] will do harm, perhaps irreparable harm, to Mr Taylor's reputation as a serious historian.

But Taylor replied, tearing apart the Trevor-Roper review in an article "HOW TO QUOTE: Exercises for Beginners" which, in turn, ended:

The Regius professor's methods of quotation might also do serious harm to his reputation as a serious historian, if he had one.

(Source: Ved Mehta's wonderful contemporaneous account of many early 1960s intellectual disputes in England, The Fly and the Fly-Bottle)

Taylor and Trevor-Roper (and Toynbee, Elton, Thompson, and all the great historians) dealt with controversy by simply rolling up the sleeves of their tweed jackets and getting stuck into the next round of acrimony and recrimination. That, surely, is a better way than a claim in defamation.

This is not to say that Ferguson does not have a libel case. He may well do so. But all because one has a legal right, one does not necessarily have to exercise it. If anything, that is a lesson of libel history that even a historian can appreciate.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Grant Shapps on the campaign trail. Photo: Getty
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Grant Shapps resigns over Tory youth wing bullying scandal

The minister, formerly party chairman, has resigned over allegations of bullying and blackmail made against a Tory activist. 

Grant Shapps, who was a key figure in the Tory general election campaign, has resigned following allegations about a bullying scandal among Conservative activists.

Shapps was formerly party chairman, but was demoted to international development minister after May. His formal statement is expected shortly.

The resignation follows lurid claims about bullying and blackmail among Tory activists. One, Mark Clarke, has been accused of putting pressure on a fellow activist who complained about his behaviour to withdraw the allegation. The complainant, Elliot Johnson, later killed himself.

The junior Treasury minister Robert Halfon also revealed that he had an affair with a young activist after being warned that Clarke planned to blackmail him over the relationship. Former Tory chair Sayeedi Warsi says that she was targeted by Clarke on Twitter, where he tried to portray her as an anti-semite. 

Shapps appointed Mark Clarke to run RoadTrip 2015, where young Tory activists toured key marginals on a bus before the general election. 

Today, the Guardian published an emotional interview with the parents of 21-year-old Elliot Johnson, the activist who killed himself, in which they called for Shapps to consider his position. Ray Johnson also spoke to BBC's Newsnight:


The Johnson family claimed that Shapps and co-chair Andrew Feldman had failed to act on complaints made against Clarke. Feldman says he did not hear of the bullying claims until August. 

Asked about the case at a conference in Malta, David Cameron pointedly refused to offer Shapps his full backing, saying a statement would be released. “I think it is important that on the tragic case that took place that the coroner’s inquiry is allowed to proceed properly," he added. “I feel deeply for his parents, It is an appalling loss to suffer and that is why it is so important there is a proper coroner’s inquiry. In terms of what the Conservative party should do, there should be and there is a proper inquiry that asks all the questions as people come forward. That will take place. It is a tragic loss of a talented young life and it is not something any parent should go through and I feel for them deeply.” 

Mark Clarke denies any wrongdoing.

Helen Lewis is deputy editor of the New Statesman. She has presented BBC Radio 4’s Week in Westminster and is a regular panellist on BBC1’s Sunday Politics.