How I sued the Daily Mail – and won

The paper labelled me a ringleader in violent disorder at the Millbank protests.

Mentioning the words "libel law" inevitably conjures up images of celebrity indiscretion, businessmen with vendettas against the free press, large awards for damages and lawyers on bloated salaries.

As a socialist and anti-cuts protester, I don’t fit into any of these stereotypes. But last week, I successfully sued the Evening Standard and the Daily Mail for their coverage of the Millbank protest on 10 November 2010 and was awarded £60,000 in damages after a five-day jury trial at the High Court.

Back in 2010, after I made the mistake of talking to a Standard journalist outside Millbank, the papers labelled me a chief conspirator in fomenting violent disorder on that fateful day. The defamation was made effective by the combination of truth and falsity, because it is no secret that I’m an outspoken socialist and supporter of civil disobedience. Once you add to this a misquotation, a biased assessment of Millbank as simply a frenzied riot, ignore the parts of the interview that don’t fit the picture you want to create, and throw in for good measure a bit of two-plus-two-equals-five conspiracy, then you have all the makings of a sensational tabloid splash, never mind the accuracy.

The Standard and the Mail knew that they had no evidence for these charges beyond the journalists’ particular "take" on the interview (it was not recorded). During the trial their principal tactic was to resort to the kinds of "reds under the bed" conspiracies that so badly undermined the democratic credibility of the west during the Cold War. This "good versus evil" ideology feeds in nicely to the black and white crudity of Britain’s tabloid media and they very much fought their defence along the lines of the original articles in the two papers. In court, student protestors were depicted as an angry mob used as "cannon fodder’"by "Trotskyite politicians" that "bear the moral responsibility" for their actions. The latter’s "exposure" was a "public service to the whole of society"; to identify, "even provide photographs", the socialists "standing in the shadows" inspiring disorder.

Both the original Standard and Mail coverage of Millbank and their defence in court last week, attempted to de-legitimise political views that stood outside of the austerity consensus in Britain. If political opponents are depicted as criminals and extremists then they are pushed outside of the parameters these papers lay down for ‘legitimate’ debate and argument. At times in the court room, their legal advocate suggested that merely to support strikes, direct action, and occupations, was to support violent and criminal actions, for these are an apparently foreseeable consequence of resistance, so it is ‘to be inferred that they are an intended consequence of such actions’. This said more about the attitude of the tabloid press, which appears to see all resistance to austerity and capitalism as mere criminality, than it did about the progressive intentions of campaigners.

That they believed this red-baiting could be effective tells us a lot about the cultural attitudes of Britain’s elite classes to the ordinary people that make a jury system possible. The newspapers’ defence barrister appealed to the jury with patronising statements about the morality of ‘ordinary everyday folk’ and contrasted this to my own supposed ‘blind spot on the moral understanding that ordinary people have about what is right and what is wrong’. There were echoes of the self-serving justifications used by tabloid editors in the Leveson inquiry, when we were told the newspapers ‘know and understand their readers’ and so their judgement reflected a commonly held conviction.

But the great democratic power of the jury system does not lie in the illusory idea that ordinary people somehow share a moral code with the millionaire owners of the tabloid media. It is predicated on the intelligence of working people; to bring a variety of talents, insights and experiences into the court room so as to reach a fair judgement on our fellow citizens.

Should, however, forthcoming legislation be passed, this may well have been the last libel action that is tried by a jury, even though few cases could better underline the importance of the right to one. It was a claim against corporate interest groups that cut to the heart of whether protest groups and activists that aren’t powerful, indeed are subject to vilifications by private media barons, have the same kind of democratic right to accurate reporting in the media as the rich and famous do.

Indeed, this case cut to the heart of what we mean about freedom of speech and the free press. Our press is dominated by a handful of powerful individuals and media groups. We can’t therefore talk about a free press as a freedom of equals, but as the freedom of a handful of powerful interest groups. While the internet is democratising access to information, the old media hierarchies are still powerful gatekeepers of it even in the digital age. Just think about how this affects the freedom of speech of those who don’t own huge media empires. If the ideas of campaigners who challenge the interests of the rich and powerful are slandered as incitement to criminal activity, then the tabloid media is using its power illegitimately to intimidate us into silence and encourage public scorn.

Taking a libel action is just one avenue we have to assert the legitimacy of our ideas and, if we are tried by a jury, to subject the media’s reporting to the judgement of ordinary working people. But it’s not only the right to a trial by jury in libel cases that is threatening our access to justice. There are also plans afoot to abolish Conditional Fee Agreements (CFAs, more popularly known as “no win, no fee”) for libel cases that really will make them the preserve of oligarchs and celebrities. The same media companies that slander protestors have lobbied hard against the high costs of libel cases and targeted CFAs for criticism, and should their proposals be passed legal actions like my own will be a thing of the past. For there is simply no way I could have privately funded the costs of this action.

After my case, the Evening Standard has even had the cheek to email staff to warn of cuts due to the high legal costs imposed on them by the court (which instructed them to pay provisional costs of £450,000 to my legal team within 28 days). CFAs are by no means perfect. I, for one, support the expansion of public funding through the legal aid system as an alternative to them. But the high costs of trial, specifically covering insurance premiums and lawyers’ ‘success fees’ which are a return on the losses that they risk when they take action on behalf of clients, are intended to encourage early settlement. In my case, over a year ago when costs were low, both newspapers had the opportunity to settle the case for just £5,000 but they refused, dug in and pushed the proceedings all the way to trial. How symbolic it is of the injustices that protestors were challenging at Millbank that Standard owner Russian oligarch, Alexander Lebedev, who is the 358th richest person in the world with a personal fortune of $3.1 billion, is now using my case as an excuse for making cutbacks.

Ultimately, most libel cases do settle long before trial. But the Standard and the Mail were never prepared to do this, presumably on political grounds. They couldn’t bring themselves to strike an out of court settlement with a socialist campaigner who supports direct action. Listening to their attempts at character assassination last week, I was struck by how these papers not only actually believe their own propaganda about the world we live in, but they believe no less trenchantly that ‘ordinary everyday folk’, as they so condescendingly put it, share these ideals. If there is one thing we can all take satisfaction from, it is that last week’s events eroded this most arrogant of mindsets.

The Daily Mail editor, Paul Dacre, pictured arriving at the Leveson inquiry earlier this year. Photograph: Getty Images

Luke Cooper is a postgraduate student and associate tutor in International Relations at the University of Sussex.

Photo: Getty Images
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There are risks as well as opportunities ahead for George Osborne

The Chancellor is in a tight spot, but expect his political wiles to be on full display, says Spencer Thompson.

The most significant fiscal event of this parliament will take place in late November, when the Chancellor presents the spending review setting out his plans for funding government departments over the next four years. This week, across Whitehall and up and down the country, ministers, lobbyists, advocacy groups and town halls are busily finalising their pitches ahead of Friday’s deadline for submissions to the review

It is difficult to overstate the challenge faced by the Chancellor. Under his current spending forecast and planned protections for the NHS, schools, defence and international aid spending, other areas of government will need to be cut by 16.4 per cent in real terms between 2015/16 and 2019/20. Focusing on services spending outside of protected areas, the cumulative cut will reach 26.5 per cent. Despite this, the Chancellor nonetheless has significant room for manoeuvre.

Firstly, under plans unveiled at the budget, the government intends to expand capital investment significantly in both 2018-19 and 2019-20. Over the last parliament capital spending was cut by around a quarter, but between now and 2019-20 it will grow by almost 20 per cent. How this growth in spending should be distributed across departments and between investment projects should be at the heart of the spending review.

In a paper published on Monday, we highlighted three urgent priorities for any additional capital spending: re-balancing transport investment away from London and the greater South East towards the North of England, a £2bn per year boost in public spending on housebuilding, and £1bn of extra investment per year in energy efficiency improvements for fuel-poor households.

Secondly, despite the tough fiscal environment, the Chancellor has the scope to fund a range of areas of policy in dire need of extra resources. These include social care, where rising costs at a time of falling resources are set to generate a severe funding squeeze for local government, 16-19 education, where many 6th-form and FE colleges are at risk of great financial difficulty, and funding a guaranteed paid job for young people in long-term unemployment. Our paper suggests a range of options for how to put these and other areas of policy on a sustainable funding footing.

There is a political angle to this as well. The Conservatives are keen to be seen as a party representing all working people, as shown by the "blue-collar Conservatism" agenda. In addition, the spending review offers the Conservative party the opportunity to return to ‘Compassionate Conservatism’ as a going concern.  If they are truly serious about being seen in this light, this should be reflected in a social investment agenda pursued through the spending review that promotes employment and secures a future for public services outside the NHS and schools.

This will come at a cost, however. In our paper, we show how the Chancellor could fund our package of proposed policies without increasing the pain on other areas of government, while remaining consistent with the government’s fiscal rules that require him to reach a surplus on overall government borrowing by 2019-20. We do not agree that the Government needs to reach a surplus in that year. But given this target wont be scrapped ahead of the spending review, we suggest that he should target a slightly lower surplus in 2019/20 of £7bn, with the deficit the year before being £2bn higher. In addition, we propose several revenue-raising measures in line with recent government tax policy that together would unlock an additional £5bn of resource for government departments.

Make no mistake, this will be a tough settlement for government departments and for public services. But the Chancellor does have a range of options open as he plans the upcoming spending review. Expect his reputation as a highly political Chancellor to be on full display.

Spencer Thompson is economic analyst at IPPR