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english warrior musings of an englishman skip to navigation skip to main content skip to primary sidebar skip to secondary sidebar skip to footer english warrior musings of an englishman home about the cep english democrats chairman fails in blog libel claim jul 13 posted by englishwarrior 13 july 2012 by pa media lawyer a solicitor failed in an attempt to sue a political blogger for defamation and malicious falsehood when a judge decided that the words of which he complained could not be held to refer to him the lawyer robin tilbrook chairman of the english democrats party sued stuart parr the author of the bloggers4ukip blog for defamation and malicious falsehood claiming that he was defamed in a post which said that two former bnp members had joined his party and ended with the words english democrats not left not right just racist mr tilbrook said he was chairman and a founder member of the english democrats which was campaigning for an english parliament and government like that in scotland within a federal uk and which was was expressly open to all people of any background or ethnicity who shared its aims mr parr applied for the case to be struck out or for summary judgment mr justice tugendhat said the main issue before the court in this application is whether the words complained of are capable of being understood as referring to the claimant the claimant is not named nor do the particulars of claim set out any facts relied on which might be known to any particular publishees and no publishees are identified the only fact set out in the particulars of claim relevant to the issue of whether the words complained of are capable of referring to the claimant is the fact that he is the chairman of the english democrats he had concluded he said that the words complained of were not capable of referring to mr tilbrook the judge said jonathan scherbel ball for mr parr had argued that it was settled that words could not be defamatory of a claimant unless they were capable of being understood by a reasonable reader as referring to that person in knupffer v london express newspaper ltd 1944 ac 116 the house of lords had held that the leader of a political party of russian émigrés which had some 200 members in total of whom 24 were in the british branch had not been defamed by a newspaper article which described the party as a minute body professing a pure fascist ideology the house of lords said the test when a claimant was not named was whether the words would reasonably lead persons acquainted with the plaintiff to believe that he was the person referred to this test said mr justice tugendhat was essentially the same as the test to be applied where the question is whether the words complained of have a particular meaning which was most recently formulated by sir anthony clarke mr in jeynes v news magazines 2008 ewca civ 130 the policy of the common law has long been to give effect to the right of freedom of expression mr justice tugendhat went on in derbyshire cc v times newspapers ltd 1993 ac 534 the house of lords had held that it was of the highest possible importance that a democratically elected governmental body or indeed any governmental body should be open to uninhibited public criticism and that the threat of a libel action would inevitably have an inhibiting effect on freedom of speech in goldsmith v bhoyrul 1998 qb 459 mr justice buckley had said the principle had to apply equally to a democratically electable political party mr justice tugendhat went on in my judgment this case is indistinguishable from knupffer on one view it may be a stronger case than knupffer in knupffer no individual was referred to by name but in the present case the words complained of do identify two individuals both connected to the bnp who are said to have joined the english democrats the reader might be thought more likely to understand that it is these individuals who are the targets of the allegation of racism rather than the claimant but whether that is so or not as the editors of gatley on libel and slander 11th edition at para 7 9 observe there is a risk that discussion of matters of public concern may be inhibited if the law is too ready to hold that an individual is identified by an attack on a group in which the individual is not named mr tilbrook himself had also pointed out that if he was entitled to sue then all the english democrats other publicly identified officers and members would also be entitled to sue said the judge mr tilbrook had indicated that he might wish to rely on other publications the judge said adding that if after reading the judgment he wished to apply for permission to amend his claim he should submit a draft but there might be further issues in an internet publication there is no presumption of publication as there is with the print copy of a newspaper amoudi v brisard 2007 1 wlr 113 2006 ewhc 1062 qb at para 37 and no presumption that a reader who has read one article on a blog will have read all the other articles the judge said further mr scherbel ball has made clear that he would wish to submit there are no particulars pleaded in the particulars of claim which amount to a proper plea of malice in accordance with the established case law eg telnikoff v matusevitch 1992 2 ac 343 and horrocks v lowe 1975 ac 135 nor any special damage alleged such as would be necessary for a claim in malicious falsehood posted in uncategorized leave a comment the english constitution may 11 posted by englishwarrior the english constitution mark higginson has created a thought provoking example english constitution which you can either read here or peruse by sections at the links below i will leave it to him to explain i have written this english constitution very much as a literary project i started it around summertime 2008 and originally called it the magna carta 2009 i quickly realized that it was rubbish scrapped it and restarted it as a constitution why five years after new labour came to power i realized that england was at a disadvantage and as the years rolled on it got worse also there was a discussion about the british constitution and how it was un codified not written so i thought how difficult can it be to write one this english constitution was the result it is not impossible that when this project is better worded and is a more rounded finished document that it could be of us to the people of england in the future i make this unreserved statement if in the future england and the english people are at their darkest hour and look for direction i hope that this humble attempt at providing it can aid them in that endeavor preamble article 1 english constitution article 2 governance of england article 3 national defence article 4 law and order article 5 shire councils article 6 social security article 7 human rights article 8 education article 9 national health article 10 religion article 11 other matters appendix a english identity appendix b punishment to fit the crime appendix c education appendix d the national flag appendix i english territories appendix n northern ireland appendix w wales posted 1 week ago by flotom labels politics freedom posted in uncategorized leave a comment older posts map warrior s musings warrior s musings select month july 2012 1 may 2012 6 april 2012 8 march 2012 5 february 2012 6 january 2012 27 december 2011 15 november 2011 24 october 2011 4 september 2011 6 august 2011 14 july 2011 26 june 2011 14 may 2011 52 april 2011 45 march 2011 13 february 2011 8 january 2011 4 december 2010 2 november 2010 6 october 2010 1 september 2010 6 august 2010 4 july 2010 7 june 2010 21 may 2010 29 april 2010 8 march 2010 10 february 2010 12 january 2010 13 blogroll albion alliance anna raccoon batangdemetriou billo the wisp blog for independance brits at their best cep devolution matters england expects englands freedom english free press flo tom free england alliance freedom to choose guido fawkes old holborn radio free britain richard aitkins freelance writer steve shark talking clock good blog the flaming sword the religion of peace toque toque vladimirs blog witan wonkos world wordpress com wordpress org august 2026 m t w t f s s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 jul copyright english warrior and englishwarrior wordpress com 2010 onwards unauthorised use and or duplication of this material without express and written permission from this website s author and or owner is strictly prohibited excerpts and links may be used provided that full and clear credit is given to english warrior and englishwarrior wordpress com with appropriate and specific direction to the original content disclaimer anything that is posted by the english warrior or in conjunction with englishwarrior wordpress com is based on an opinion so will be classed as an opinion within the realm s of english and welsh law if the warrior offends anyone i apologise in advance and urge you to take your sensibilities elsewhere as i could not care less as these are my thoughts alone and made up from daily news reading other peoples comments and postings around the internet and to note postings are based on hearsay and any facts derived from evidence that is shown around the internet so should be classed as third party comments and not as the truth please follow links and make up your own mind wikio rating blog at wordpress com subscribe subscribed english warrior sign me up already have a wordpress com account log in now privacy english warrior subscribe subscribed sign up log in report this content view site in reader manage subscriptions collapse this bar design a site like this with wordpress com get started