Advisors kept as Mosley moves from privacy to libel

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  • Moseley mess

    Having read the weekend newspapers one would think that we are never going to read a piece of investigative journalism again.

    The hysterical reaction in the press to the judgment in this trial has been woeful. Eady said this was NOT a landmark decision and would NOT therefore affect freedom of information. If the News of the World had settled this case as it should have done rather than fighting in the courts then the press wouldn't be in this mess. Nor would Mosley be trying to bring libel action in the UK, Germany and France.

    Now of course the NotW can have its recourse through its Sunday pages (as if there is not enough news in the world) and it has drafted in the church to complain about modern morality. All this about a private person's private sex life which he enjoyed privately. If you don't want to be "corrupted" by his antics don't read it. Since when has the NotW lectured anybody on morality?

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  • Tactics...

    ...on Mosley's legal team are extremely clever.
    They've clearly realised that if they'd gone straight for the libel a jury of 12 may have taken a different view from a judge sitting alone.

    Now that the Eady J's said that there isn't a Nazi element it means there's got to be a libel as the legal team now has a ruling that they can refer to.

    Clever....very clever.

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  • Tactics...

    So why didn't Farrers advise NotW to settle? Surely they were well aware of the dangers of a libel case?

    Steeles Law may have been playing tactics, but it is up to NotW's lawyers to make sure that it plays fair - a notion which all journalists and editors should aspire to.

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  • Max Mosley

    What astonishes me is that the News of the World has found a high churchman who clearly knows absolutely nothing about S&M.

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  • But what is Max's damage?

    It strikes me that the damage to Max's reputation caused by the "nazi" allegation might be rather limited. Is there really much difference between knowing MM engaged in sadomasicistic sex (true), and thinking that he engaged in the same but with a Nazi kink (false)?

    Either way, my conclusion would be the same (dirty old man).

    And in any case, hasn't the judgment last week already set the record straight and undone any damage (or does libel allow him to claim for temporary damage to reputation)? Perhaps a defamation lawyer could enlighten me.

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  • Max's damage

    In response to "anonymous", the answer is actually quite clear from the judgement itself : NOTW made a particular point of alleging not simply that Max was engaging in S&M (would anyone, particularly a reader of NOTW, really be shocked by that these days?), but that it had a Nazi theme, which was important for two reaons:
    1) it enabled NOTW to make Max out as unrepetant Nazi-loving spawn of his fascist father; and
    2) (as Eady J wisely pointed out) it would have constituted an egregious insult to Holocaust victims coming from a very public figure.

    As the court found that (1) consensual S&M sex is no-one's business but the participant, and (2) there was no Nazi element, it makes a very big difference indeed.

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  • Res Judicata....?

    I'm not a libel lawyer, and therefore assume this is a moot point, but can anyone explain (briefly!) why Henderson -v- Henderson won't apply here?

    Seems to arise out of the same cause of action to me

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  • Max Mosley

    The insinuation appeared to be to link the events to Mosley in a way that tied him to his father's reputation so as to cause Mosley harm.

    Their 'story' was in their eyes a non-story unless they could link Mosley to the Black Shirt brigade and destroy his reputation.

    He has been to hell and back and it speaks volumes for him. I wish him well. His relationship with his wife and family is clearly hugely diminished let alone his professional career.

    Prior to commenting, perhaps you should ready incompetent Eady's judgment and in particular paragraphs http://www.newsoftheworld.co.uk/images/homepage/2707_mosley.pdf 81 onwards.

    The NOTW doesn't seem to have given much publicity to that part of the hearing.

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  • mosley libel

    Mosley is an extremely brave dirty old man. The whole NoW strategy is based on the assumption that its victims will either be too poor, or too embarrassed talking about their sex lives in open court, to take them on. So they calculate that what they publish what can be a version of the truth twisted and embellished to make it more sexy for their drooling readers. That is what they do.

    Luckily they picked the wrong man - he is both rich and determined.

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  • Moseley v "fourth estate"!

    Thank God for Lord Carey of Clifton, sometime Archbishop of Canterbury. "Romans: 6 v 12".

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