Melbourne Grove Medical Centre

[cate]

I think it is odd that these people have an NHS email address. They could be anybody....or someone related to Simon Fradd. Or they might not exist at all.

[Sue]

Administrator Wrote:

-------------------------------------------------------

> cate Wrote:

> --------------------------------------------------

> -----

> > But no names were named.

>

> It does not matter, an individual can be

> identified from the post and that would be enough

> to take legal action against the forum.

>

> xxxxxxx

Surely that would only be the case if what had been stated was untrue?

[WickedStepmother]

If an individual can be identified, that individual can bring a case. At least, that's my understanding. Quick disclaimer: ex-journalist. Did some basic media law at uni. Do not base any significant life choices upon what follows. It was a long time ago....

Their barrister then gets to tell the court what you said and you have to defend yourself against that. ("You don't get to say what you said. They get to say what you said and you have to defend yourself against what they say you said," as my media law lecturer put it.) And just being true isn't enough.

To be defended succesfully, whatever it was that they say you said has to be A) true and B) in the public interest or C)fair comment, clearly identified as such, and based upon fact.

In some jurisdictions (but not the UK I think) 'public interest' has been replaced by 'public benefit', which is interesting.

[Sue]

WickedStepmother Wrote:

-------------------------------------------------------

> > To be defended succesfully, whatever it was that

> they say you said has to be A) true and B) in the

> public interest or C)fair comment, clearly

> identified as such, and based upon fact.

>

>

xxxxxxx

Well yes, sorry, perhaps I wasn't clear.

He could take legal action, but if what Bathsheba said is true, he wouldn't win a case in court was what I meant.

But hey, the only course in law I've ever done was employment law, so what would I know :))

[SteveT]

Sue wrote:-

He could take legal action, but if what Bathsheba said is true, he wouldn't win a case in court was what I meant.

If only it were that simple, and the judiciary were that reliable Sue.

Sadly telling the truth seems to affect few cases persued through our courts of law.

Charles Dickens stated in many of his superb novels,

and a century and a half later his books remain very pertinent today.