Libel after Eady

Eady stepping down as top libel judge does not affect the need for libel reform

From 1 October 2010, Sir David Eady will no longer be the senior libel and privacy judge at the High Court (also see report here). He will still be able to hear libel and privacy trials -- he is not retiring outright -- but he will no longer pick and choose which media law cases go before him.

This is welcome news; but not because Mr Justice Eady is particuarly culpable as a judge. In fact, Sir David Eady is generally no worse and no better than any other judge applying the dysfunctional English law of libel. He has given almost as many heartening liberal defamation judgments as dreadfully illiberal judgments. And his contribution to the development of privacy law is commendable: the mainstream media is now less likely to intrude upon people's personal space and misuse private information just because of his rulings.

It is instead welcome news because it de-personalises a complex problem. The problems with libel law are to do with the substance of the law and the way it is litigated and threatened, and not because of any particular judge. To deride Mr Justice Eady -- or to sneer at any particular law firm -- is not the same as urging libel reform.

Libel reform is required mainly because the law wrongly elevates a private right to reputation above the public interest in free discussions on matters of vital public interest. For example, important debates about public health and the efficacy of certain medical treatments remain inhibited by the worry of libel threats. And not all writers have the sheer grit and commitment (and personal resources) of a Simon Singh.

Judges come and go; and (sadly) there will never be a shortage of lawyers who will send aggressive letters to close down contributions to public debates as long as the law allows them to do so. The replacement of Mr Justice Eady as the High Court's senior libel judge makes no real difference to the campaign for libel reform.

The awful -- indeed dispreputable -- state of English libel law will still be there the morning after he steps down.

 

David Allen Green blogs for the New Statesman on legal and policy matters. He is a City media lawyer and was shortlisted for the George Orwell blogging prize for his Jack of Kent blog.

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.)

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Jeremy Corbyn fans are getting extremely angry at the wrong Michael Foster

He didn't try to block the Labour leader off a ballot. He's just against hunting with dogs. 

Michael Foster was a Labour MP for Worcester from 1997 to 2010, where he was best known for trying to ban hunting with dogs. After losing his seat to Tory Robin Walker, he settled back into private life.

He quietly worked for a charity, and then a trade association. That is, until his doppelganger tried to get Jeremy Corbyn struck off the ballot paper. 

The Labour donor Michael Foster challenged Labour's National Executive Committee's decision to let Corbyn automatically run for leadership in court. He lost his bid, and Corbyn supporters celebrated.

And some of the most jubilant decided to tell Foster where to go. 

Foster told The Staggers he had received aggressive tweets: "I have had my photograph in the online edition of The Sun with the story. I had to ring them up and suggest they take it down. It is quite a common name."

Indeed, Michael Foster is such a common name that there were two Labour MPs with that name between 1997 and 2010. The other was Michael Jabez Foster, MP for Hastings and Rye. 

One senior Labour MP rang the Worcester Michael Foster up this week, believing he was the donor. 

Foster explained: "When I said I wasn't him, then he began to talk about the time he spent in Hastings with me which was the other Michael Foster."

Having two Michael Fosters in Parliament at the same time (the donor Michael Foster was never an MP) could sometimes prove useful. 

Foster said: "When I took the bill forward to ban hunting, he used to get quite a few of my death threats.

"Once I paid his pension - it came out of my salary."

Foster has never met the donor Michael Foster. An Owen Smith supporter, he admits "part of me" would have been pleased if he had managed to block Corbyn from the ballot paper, but believes it could have caused problems down the line.

He does however have a warning for Corbyn supporters: "If Jeremy wins, a place like Worcester will never have a Labour MP.

"I say that having years of working in the constituency. And Worcester has to be won by Labour as part of that tranche of seats to enable it to form a government."