Cases

Godfrey v Demon Internet Ltd

Facts

P sued D, an Internet Service Provider, over a newsgroup posting made available from D's newsgroup servers in this jurisdiction. D sought permission to amend its defence to rely, in mitigation of damages, on numerous allegedly provocative postings previously made by P, including to other newsgroups apart from that in which the posting complained of appeared. P resisted the amendment on the ground that it offended against the rule in Scott v Sampson (1882) 8 Q.B.D 491 as bringing in inadmissible evidence of particular acts of misconduct on the part of the P.

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