Cases

Godfrey v Demon Internet Ltd


Comment

It is not entirely clear how the previous postings were 'germane' unless it be by way of similar fact evidence. Many of the postings were very old and made in different newsgroups, and there was no causal nexus pleaded between them and any particular libel previously sued on. By way of interesting postscript, at a PTR shortly before trial, Eady J in the exercise of his case management powers refused to allow D to rely on any posting made before a certain date. In Burstein v Times Newspapers Ltd [2001] WLR 579 at para [27] May LJ described the decision as being 'based on causative provocation in exceptional circumstances'.

Areas of work

Defamation
Media Law

Also