Defamation Act 2013: A boost for free speech – Part 1: Serious Harm, Truth and Honest opinion – Timothy Pinto

I am reblogging this post because it provides free of charge some vital legal advice from an expert for bloggers who challenge power and authority. It makes it pretty clear that bloggers can now without fear of libel threats be highly critical of private companies who provide bad services to the public. It also makes it tad more difficult for nasty public figures- I am thinking of Barnet councillor Brian Coleman recently convicted of common assault of a member of the public – to bring actions when they acquire a bad reputation. This is good news for free speech, democracy and holding companies and public figures to account.

INFORRM's avatarInforrm's Blog

Defamation Act 2013This is the first of four posts by Timothy Pinto of Taylor Wessing where he provides analysis of the key provisions of the UK’s Defamation Act 2013 and its likely practical implications under English law. The four posts will cover: Serious harm, Truth and Honest opinion, Privilege, Intermediary liability, and Other key provisions.

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Revealed: Cameron’s nudge,nudge survey to woo marginal voters

David Cameron outside Downing Street. Picture courtesy: Guardian

David Cameron outside Downing Street. Picture courtesy: Guardian

David Cameron has started his re-election campaign by sending out a private questionnaire and personal letter to targeted voters in marginal seats with leading questions on cutting benefits,encouraging immigration and freezing petrol. My story is in this week’s Tribune magazine.

The survey bears all the “dog whistle”  hallmarks of libel trigger happy Lynton Crosby and the execution of Giles Kenningham, now at Conservative Central Office.

The survey also wants to get hold of e-mail addresses of all the participants for future use by Conservative Central Office. It purports to be a simple request to evaluate how the government is doing to help families and asking for advice on how to continue existing policies. The tenor of Cameron’s letter is couched in party political terms.

He says: “Even with the enormous deficit we inherited from the last government forcing us to make tough decisions in every area, I am committed to doing everything possible to help families with the cost of living in these tough times. So I’d like to know what you think about some of the steps we’ve taken so far – and I’d like to know your ideas about what more the Government can do to help families like yours.”

cameron's survey letter to marginal voters

cameron’s survey letter to marginal voters: click on it to read better

There follows a detailed questionnaire on the economy, welfare benefits. And direct questions on attitudes to life  and to political leadership – such as whether or not you believe in rugged individualism without the support of state and that people can get on regardless of  background or not.

The choice is between “How well I do in life is first and foremost down to me. OR How well I do in life is primarily decided by forces outside of my control.”

The main economic question is slanted against Labour saying : “Even before the banking crisis hit in 2008, the UK was borrowing too much money to pay for public services and public sector jobs that, in the long-term, we couldn’t afford.” Some of the choices are extraordinary – such as a question asking whether a two tier benefit system should be introduced – and existing benefits cut by more than half for those who have only just started paying tax and national insurance.

Voters are invited to put in figures for benefit levels, new caps for the “bedroom tax”,and to comment on evicting council tenants who earn too much money.

David Cameron’s and Ed Miliband’s leadership the questionnaire proposes a dramatic choice. People are asked to choose between “We need leaders who are prepared to listen and to do what people really want” or “We need leaders who will stick to what they believe is right, even if it is unpopular.”

Three rather different questions are asked on immigration, same sex marriage and education  – one definitely pre UKIP surge. The immigration question is ” On balance immigration has been a good thing for this country”. The other on education looks like it had been inserted by Michael Gove: ” Educational standards have been steadily improving in recent years”.

Altogether a very interesting disclosure from a Labour marginal seat in the Midlands. One wonders what that Lynton Crosby  fan (NOT) @LordAshcroft would make of it for fairness and as a tactic. It does suggest Labour need to wake up and small the coffee on campaigning double-quick and start working hard in these marginal seats.

welfare questions - click on it to read it better

welfare questions – click on it to read it better

Brian Coleman Convicted: A Tory bully and now a thug

Brian Coleman: convicted of assault. No moreexpense account lunches

Brian Coleman: convicted of assault. No more expense account lunches

On the day the purple spots of UKIP started to pop up across the English shires, one former prominent Conservative councillor got even more than just a  drubbing at the polls.

Brian Coleman, former mayor of Barnet, former chair of the London Assembly and chair of the London fire brigade, pleaded guilty to assaulting a  woman cafe owner who tried to  film him breaking his own parking regulations.

Rather than acknowledge that he was breaking the law and the hypocrisy of what he was doing, Coleman resorted to violence that might be associated with a common street brawler. He hit her and grabbed her breast in his attempt to snatch her Iphone..

The representative of the party of law and order ended up with a £1400 fine and restitution for injuries to Helen Michael. For all the gory details of the hearing and the remarkable silence from his fellow Tory councillors in Barnet, read the detailed  and tremendous account by Mrs Angry,   on her very popular  Broken Barnet blog ( http://wwwbrokenbarnet.blogspot.co.uk ).

Frankly after Mr Coleman’s attack on decent firefighters in London, his botched privatisation of the London  fire service through AssetCo and his rude attacks on other Barnet citizens, including a desperate single mum, justice was done.

I am sure it is only a matter of time before Chris Grayling, the justice secretary, feels moved to disown his behaviour. Or perhaps not . it is too embarrassing for  Tory words.

The mad world of Louis Minster- the man who denies he is there

For those following the Richmond child sexual abuse scandal a most extraordinary phone conversation has just taken place between my colleague Mark Conrad for Exaro News and Louis Minster, director of social services at the time.

Mr Minster was in charge of the council’s social services council at the time it is alleged boys from Grafton Close children’s home were taken to Elm Guest House in Barnes and sexually abused by VIPs, including the late Sir Cyril Smith in the early 1980s. He was the boss of John Stingemore, the head of the home, who has already been arrested by the Met police as part of Operation Fernbridge

Mr Minster is in a bit of the trouble. The 81-year-old ex director now living in retirement in Malta first claimed he had never had heard of the scandal when first approached by Exaro. Then it emerged he was briefed by Terry Earland, head of children’s services and now Richmond’s own files showed he twice unusually pulled the file of  a 14-year-old boy in care who had knowledge of child abuse at the time. Yet he knows nothing.

Naturally we would want to ask him about these discrepancies. So when rung up in Malta he pretends he isn’t there and he isn’t Louis Minster. When rumbled he doesn’t want to answer any questions. Listen to the amazing interview at Exaro News (http://www.exaronews.com/articles/4950/ex-richmond-boss-louis-minster-denies-being-louis-minster ).

Perhaps it is about time he was questioned by the Met Police. Then he won’t be able to dodge these questions and pretend he is someone else.

Richmond child sex abuse file ” No further action required”

Richmond Council:  Another cover up exposedPic courtesy: http://www.officespaceinlondon.lnet.

Richmond Council: Another cover up exposed Pic courtesy: http://www.officespaceinlondon.lnet.

The latest damning disclosure about both the police and Richmond Council’s handling of the  child abuse scandal  at Elm Guest House and Grafton Close children’s home adds to growing disquiet that both the council and the police were not up to the job.

An article by me and Mark Conrad in exaro news ( see http://www.exaronews.com/articles/4944/richmond-files-reveal-failure-to-pursue-claim-of-child-sex-abuse ) and in the Sunday People ( see http://www.mirror.co.uk/news/uk-news/elm-guest-house-abuse-scandal-1857494)  reveals yet another example of the authorities turning a blind eye.

Since the incident goes close to any potential trial I am restrained for legal reasons to go into too much detail or identify the file. However a copy of the entry has been sent to me.

The alarming thing is that this happened TWO years after the event and a year after the raid on Elm Guest House in Barnes and yet it appears neither the police – who requested the interview – or the council – took any other action to investigate. Just as they did not pursue the people involved after they raided the guest house in 1982 apart from prosecuting Mr Kasir, then the owner.

What is also very disturbing is the role of Louis Minster, the director of social services now living abroad, who twice requested a copy of this file with the complaints about sexual abuse. Once was when the boy involved was not even in council care. Why? No answer is forthcoming from Mr Minster who claimed earlier he had no knowledge of the  Elm Guest House scandal until it appeared on Exaro News website and in the Sunday People. Really, Mr Minster?

Equally distressing is that our source who requested  the file is ” not surprised” that the record shows the council and police did nothing. How bad is that?

This incident took place in the year Conservative minority rule ended at Richmond and the Liberal SDP Alliance took control. Until the whole story comes out there is now a stain on the record of the original police investigation and the Tories and Liberals in charge of Richmond Council at the time.

How Britain’s Political parties still campaign in an age of steam

Very 19th century: Ed Miliband campaigning, Pic credit:BBC

Very 19th century: Ed Miliband campaigning, Pic credit:BBC

The county council elections are upon us. Ed Miliband goes on a soapbox, leaflets are pushed through doors, canvassers turn up on doorsteps and people are supposed to rush to polling stations.

How brilliantly nineteenth century when  Gladstone and Disraeli drew crowds of thousands or even early twentieth when  Churchill (then a Liberal like Clegg) and Balfour campaigned across Manchester.

Politicians seem wedded to the old ways – like our splendid heritage railways – harking back to the glorious age of steam.

But this is the twenty-first century – the age of the internet, Facebook, Twitter, WordPress, and the rise of the blogger. – and the parties still – especially Labour – seem totally oblivious.

Indeed it is said that Tony Blair never communicated by computer – always getting a gopher to do his work – and  Gordon Brown tried to – but I gather his mistyping and mispelling are going to provide a field day  for commentators when his 5.30 am  e-mails are eventually released in 20 odd years time.

I see from my lobby colleague Oliver Wright ( http://ind.pn/11rWoWi)  – that Ed Miliband has asked Matthew McGregor, the British savvy computer guy who helped Obama attack dog Mitt Romney  to work on a new project for them. But this is but a straw.

Compare this to the massive success of campaigns since 2010 by groups like  38 degrees  and the glimmering of fights between Political Scrapbook and Guido Fawkes blog on the net , the rapid rise of hyper local blogs across London  from Barnet to Kidbrooke and  rural Derbyshire to West Wales. Compare  this also to the end of newspaper buying (unless free)  by almost anybody under 40, TV losing ratings, and most news being confined to a few sentences on an I phone.

Yet many politicians still behave as though the entire public still engage in debate in the same way as the crowds listening to Gladstone and Disraeli and avidly reading the morning newspapers. Sorry, I do not see people on the Berkhamsted Flyer debating the merits of Matthew Ancona versus Polly Toynbee.

It is time that  Britain’s political parties looked at how 38 degrees harnessed public opinion and not only used the net to find out what people want but engaged with their own members.

Otherwise David Cameron, Nick Clegg and Ed Miliband are little more than replicas of Squire Boldwood in Far From the Madding Crowd They are sad political estate owners who give an annual Christmas party ( substitute party conferences) for their labourers who till the land (  the party faithful). Why not use  the net for dialogue with their members and bring in the public to debate the issues.

Deference is dead, people want to communicate on an equal basis. They have great freedom to express themselves, from praise to local attack dog, and through the net  reach a wider audience  than they could possibly dream about a decade ago.

But politicians cling to being patricians, all not only out of touch but out of date. None of them has to live on £50 or even £250 a week. No wonder an  old fashioned election campaign is encouraging a party harking back to a Golden Britain, UKIP. Wake up you dozy leaders, get a grip.

Investigators under investigation: Met Police inquiry into IPCC over Richmond abuse scandal

IPCC: Under investigation by Met Police over handling of Richmond complaint

IPCC: Under investigation by Met Police over handling of Richmond complaint

Operation Fernbridge – the criminal investigation into a paedophile ring centred round the London borough of Richmond and the shady Elm Guest House – is now turning to the role of Independent Police Complaints Commission over the whole affair.

As reported by my excellent colleague for Exaro News, Mark Conrad,(see http://www.exaronews.com/articles/4936/met-investigates-police-watchdog-over-richmond-paedo-ring) in an amazing turn of events the  Met Police is now investigating the role of the police investigators.

The turn of events is extraordinary. A former local government employee at Richmond and GMB trade unionist put a complaint into the police some 20 years after the police raid on the Elm Guest House. The police while taking down the details did not appear to investigate.

So he complained to the IPCC who also appear to have dismissed the inquiry.He then used the appeal process to complain about the IPCC who again dismissed it.

To be fair most of the complaint concentrated on yet another hushed up  Richmond scandal – the physical abuse of elderly people at another care home – but there is a clear mention of child abuse in the first complaint to the police.

Now 30 years later ( and one has to be careful not to prejudice a future trial) there is enough evidence to justify the arrest of two people in connection with the child sexual abuse inquiry, it logically follows that the police certainly did not do their job and the IPCC appear to have been cavalier about doing theirs.

What is emerging is that the Conservative and Liberal run leafy borough of Richmond – which made the careers of three Liberal Democrat peers, Lord Razzall, Baroness Tonge and Baroness Hamwee – was behind the net curtains not a very savoury place. And it is clear that the authorities and the complaints procedure were found wanting. Watch out for more damaging revelations to come on Richmond once Exaro has fully investigated them.

Shamed by Japan: Britain’s pot holed roads to ruin

Pothole in London borough of Haringey: Pic Credit: Alan Stanton -Creative Commons

Pothole in London borough of Haringey: Pic Credit: Alan Stanton -Creative Commons

You couldn’t make this up. Britain’s potholed and noisy roads have such a bad world-wide reputation  for damaging new cars that a Japanese manufacturer has  replicated a British road  to test them before they can be sold in the UK.

Yes Honda has built four miles of rough British road -including British road signs and a roundabout -in Takasu, Hokkaido in Japan because they cannot find a main road bad enough to test car suspension in the 5500 miles between Japan and London.

Evidently  Britain is unique in building roads with porous surfaces which mean that every winter  they crack, break up and create pot holes. Nobody else in Europe would dream of building such roads which are noisier and can’t cope with bad weather.

As  a spokesperson for Honda  put more diplomatically: “The road surface in continental Europe, especially in the North, are paved with hard material which doesn’t absorb water. This is because in severe winter, absorbed water in the material may freeze turn into ice and destruct the roads.

“In England, we don’t tend to suffer with this severe winter and so the surface is made with softer materials with many pores to absorb rain to prevent a slippery surface. As a result, UK roads have a rougher surface which creates more road noise than other European roads. What Honda wanted to replicate in Takasu was this type of road surface. Rough does not mean badly maintained or pot-holes. It means the different material.”

Honda has also created roundabouts because as Honda put it:” In certain rural UK areas, roundabouts create a situation where high stopping power, agile acceleration response and high manoeuvrability is required. There is no such situation in Japan as there are hardly any roundabouts.”

So now we know why we are having to put up every year with multi million pound bills, legal claims for compensation from councils. Instead we need to buy cars which have to be tested abroad on replicated British roads because they can’t find any like ours in  their country.

The full story is on the Exaro News at http://www.exaronews.com/articles/4921/japan-recreates-rough-uk-roads-in-test-track-for-new-cars . If you want to see the spiralling costs of pot holes see February’s Which/ magazine (http://bit.ly/11T0Lfn) . The outstanding bill for repairs is £12.93 billion.

Or if you are really fed up why don’t you e-mail the roads minister, Norman Baker at norman.baker@dft.gsi.gov.uk and tell him to start bitmac ( the replacement for tarmac) roads with surfaces that are bound to crack up every winter.

” I regularly briefed Jenny Tonge on child abuse in Richmond” -children’s director

Baroness Tonge; Still Still Silent,pic courtesy:http://2009fpconference.files.wordpress.com

Baroness Tonge; Still Still Silent,pic courtesy:http://2009fpconference.files.wordpress.com

The anmesia among politicians about  the child sexual abuse scandal in Richmond Council is looking less and less credible by the day. Now Terry Earland, the former assistant director of children’s services at Richmond, has told my colleague Mark Conrad that he held regular briefings with Jenny Tonge, Liberal social services chair and her deputy at the time – now believed to be dead- about child abuse problems. In article in Exaro News( http://bit.ly/WQQz7M) where Mr Earland gives a long interview. He makes it is absolutely clear that he briefed both senior politicians and officials in the social services department about the issue.

Earland was aware of the scandal at Grafton Close and Elm Guest House. He says he may not have specified Elm Guest House to Jenny Tonge but it is clear that he did report to her and her deputy on a regular basis on child care issue.

Similarly he says he did tell Louis Minster,  social services director later prematurely retired by Jenny Tonge, about sexual abuse at Elm  Guest House  in 1982. This directly contradicts Mr Minster’s statement that he knew nothing about it. He also says it was well-known inside Richmond Council after 1983 that  sexual abuse of children was going on. This is when the Liberal Democrats took over from the Tories.

When you consider that two boys have now told the police that one of the abusers was Sir Cyril Smith, the Liberal MP, whose death will mean he will escape prosecution, it is doubly tragic.

A failure by a council  to protect children in its care is a terrible scandal. The fact that it  appears to have been  ignored by the two parties that form today’s coalition government is anappalling dereliction of duty. And that one of the identified perpetrators was a Liberal Mp makes it even worse. Sometimes critics of the Tories call them the ” nasty party ” As this rate the Liberal Democrats could be called the ” sordid party.”

Baroness Tonge was given the opportunity to comment on Mr Earland’s claim and said she had nothing to say. She was asked about Sir Cyril and had no comment to make. She said the information should be passed to the police. I think it already has.

Richmond social services knew their children were abused – former children’s director

Richmond Council: Not a welcome refuge for children: Pic courtesy: http://www.officespaceinlondon.lnet.

Richmond Council: Not a welcome refuge for children: Pic courtesy: http://www.officespaceinlondon.lnet.

The amnesia surrounding everybody at Richmond Council over the 1982 Elm  guest house paedophile scandal is at an end.

A dramatic interview by my colleague Mark Conrad published in Exaro News today (   http://bit.ly/Vesffe) with Terry Earland, the former assistant director in charge of children’s services, reveals that he  knew that children at Grafton Close children’s home were sexually abused at Elm Guest House.

You will have to get on to the Exaro website to read the full story. But this disclosure from Earland’s  home abroad raises even more damning questions about the conduct of Richmond Council at the time. It directly contradicts what Louis Minster told Exaro  from Malta only days ago when he claimed he had never heard about the Elm Guest House in Barnes until Exaro and the Sunday People revealed the police investigation into the scandal. How can his head of children’s services know what happened and he didn’t know anything?

This awful saga which began with allegations about prominent people sexually abusing boys at the guest house is now also turning into what looks like a ” cover up ” by Richmond Council of the abuse of children, some as young as ten, in their care in the late 1970s and early 1980s.

It has all the hallmarks of the scandal in North Wales. Searching questions are needed of  people in power at the time.

And watch Exaro over the next few days for  even more damning revelations about the role of Richmond Council.