Welcome to the New Statesman website. Please sign in or register to participate in the conversation.

The Staggers

The New Statesman’s rolling politics blog

Syndicate contentRSS

Libel victory for Labour bloggers

Case against Alex Hilton and John Gray struck out.

Some good news from the high court where the bloggers Alex Hilton (formerly of Recess Monkey and Labourhome) and John Gray (John's Labour blog) have had the libel case against them struck out. Both faced bankruptcy if the three-year case proceeded to jury trial.

The case was brought by Johanna Kaschke, a blogger and a remarkable political cross-dresser (in the space of 12 months she defected to George Galloway's Respect from Labour, then joined the Communist Party and finally settled in the Conservative Party), who previously lost her libel action against David Osler.

Jack of Kent, who provided legal assistance to Hilton and Gray, has a long and detailed summary of the background to the case on his blog. But for those who haven't been following the story, the case revolved around the fact that Kaschke was once falsely suspected of being a member of a criminal gang.

Kaschke took exception to Gray's decision to refer to the Baader-Meinhof Gang by name (preferring the euphemistic "criminal gang"), despite previously mentioning them on her own website. As Jack of Kent writes, Kaschke was challenged by the presiding judge to explain the reputational difference between:

1) being arrested on suspicion of being a member of Baader-Meinhof, the terrorist group that carried out bombings, robberies and murder (the meaning on which she is seeking vindication by means of this claim for libel), and

2) being accused of being a member of a criminal gang with the aim to commit terrorist offences (a statement which the claimant herself adopts as the position).

She was unable to do so persuasively. That the case has ended in a victory for free speech and common sense is to be welcomed. But that it was allowed to proceed for so long is a salutary reminder of the desperate need to reform our draconian libel laws.

10 comments

Rob's picture

Can someone enlighten me, what is a "ponze"? I know what a "ponce" is and duckies, I'm happy to admit to being a skinny one.

swatantra nandanwar's picture

Great News. Hope Kaschke has enough money in her savings account to pay damages and compensate Hilton for all the pain and suffering caused to Labourhome.
But I can see the logic of moving from Galloways Respect to the Communists to the Conservatives. Its natural progression. Similar ideas and values, I think. Alledgedly. But then what do I know.

Rob's picture

I have great sympathy for what happened to Johanna Kaschke in Germany all those years ago. The fact that she's clearly a "confused" (OK, mad) individual now is probably not unrelated to her dreadful experience there. However, none of this excuses her vexatious pursuit of Hilton and Gray and the immense stress this case must have put them under.
The real scandal here, of course, is our libel laws that allowed this so-called "case" to go on so long when it clearly lacked any substance/merit.
Reform is clearly urgently needed... though as it will lead to significantly fewer paydays for libel lawyers, I'm not holding my breath.

FX Man's picture

Rob, "ponze" is a German word which means "leader of the Baader-Meinhoff gang."

;)

Rob's picture

FX Man, Love it.
Also, ich nehme an, dass das andeutet, dass Frau Kaschke jetzt von John Gray auf die Beleidigung verklagt werden kann?

Richard Manns's picture

As a die-hard rightie, may I say well done for Hilton and Gray, for blogging and speaking out, and for refusing to be silenced.

Bloggers of all sides must be safe to criticise and examine all things, and I hope that the Coalition will deal with these libel laws quickly. This is already far, far too long.

FX Man's picture

Kaschke tweeted:

"John Gray has become a fat ponze."

http://jkaschke.wordpress.com/2010/07/23/john-gray-has-become-a-fat-ponze/

Libellous, surely?

http://fxbites.blogspot.com/2010/07/baader-meinhoff-day-for-libel-laws.html

FX Man's picture

Yes, Rob. Lets get Carter-Ruck [WTF] onto it straight away.

http://fxbites.blogspot.com/2009/10/gagging-for-it.html

Jack of Kent's picture

Thanks for the mention and link.

However, "...the case revolved around the fact that Kaschke was once falsely suspected of being a member of the Baader Meinhoff Gang" is incorrect.

All parties accepted that the arrest warrant etc made no reference at all to BM.

So to say as a "fact" that Kaschke was once falsely suspected of being a member of the Baader Meinhoff Gang is not true.

Of a criminal gang, etc, yes; but not of BM.

Dave Smith's picture

So, Jack of Kent, if I or any other member of the public once falsely believed that Kaschke was a member of BM, then surely that would make your sweeping statement false?

Post new comment

By submitting this form, you accept the Mollom privacy policy.

Latest tweets