Re: 'You want to know what they're writing, even if it hurts
Posted: Thu May 19, 2016 4:36 am
Lord McAlpine libel row with Sally Bercow formally settled in high court: Sally Bercow has apologised for 'irresponsible use of Twitter' and agreed to pay undisclosed damages to peer, court told
by theguardian.com
October 22, 2013
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
Lord McAlpine's libel action against Sally Bercow has been formally settled at the high court.
Sally Bercow, who is married to the Commons Speaker John Bercow, was not at Tuesday's brief hearing before Mr Justice Tugendhat in London.
Sir Edward Garnier QC told the judge that she had apologised for her "irresponsible use of Twitter", which caused the peer great distress and embarrassment, and had agreed to pay him undisclosed damages -– which had been given to charity -– and his costs.
She had also undertaken never to repeat the allegations about him and had withdrawn them unreservedly.
Bercow accepted an earlier offer to settle the matter after Tugendhat's ruling in May that a tweet posted by her was highly defamatory.
Her posting appeared two days after a Newsnight report last November wrongly implicated the former Conservative Party treasurer in allegations of sex abuse at Bryn Estyn children's home in the 1970s and 1980s.
Bercow denied that the tweet -– "Why is Lord McAlpine trending? *Innocent face*" –- was defamatory, but McAlpine, who has already received six-figure payouts from the BBC and ITV, said it pointed the finger of blame during a media frenzy.
The judge agreed with McAlpine.
Bercow's QC, William McCormick, said: "Mrs Bercow wishes and hopes that as a result of this matter other Twitter users will behave more responsibly in how they use that platform. She certainly intends to do so herself."
Garnier said that, at the time of her tweet, Bercow had more than 56,000 followers and, as was foreseeable, a substantial number of them re-tweeted her "unsubtle message".
Afterwards, McAlpine's lawyer, Andrew Reid, said: "Today has seen closure of a piece of litigation which has now become the leading case in terms of internet responsibility.
"Our client had never wanted the situation to get to this stage. It was always his intention to avoid litigation if at all possible, just as it was always Mrs Bercow's intention, until today, not to provide an apology satisfactory to our client.
"It is to be hoped that lessons will be learned: This litigation could so easily have been avoided if common sense had prevailed over political positioning.
"In January of this year, Lord McAlpine made a 'without prejudice' offer to Mrs Bercow to settle at a substantially lower sum than his leading counsel, Sir Edward Garnier QC, advised that he was likely to obtain if the matter went to full trial.
"He made the offer in an attempt to avoid the detrimental effect of litigation on his health, but sadly, Mrs Bercow was not prepared at the relevant time to avail herself of this reasonable offer."
He added that it was now a legal requirement that, if Bercow were to re-activate her Twitter account, she must formally issue on it her apology.
by theguardian.com
October 22, 2013
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
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Lord McAlpine's libel action against Sally Bercow has been formally settled at the high court.
Sally Bercow, who is married to the Commons Speaker John Bercow, was not at Tuesday's brief hearing before Mr Justice Tugendhat in London.
Sir Edward Garnier QC told the judge that she had apologised for her "irresponsible use of Twitter", which caused the peer great distress and embarrassment, and had agreed to pay him undisclosed damages -– which had been given to charity -– and his costs.
She had also undertaken never to repeat the allegations about him and had withdrawn them unreservedly.
Bercow accepted an earlier offer to settle the matter after Tugendhat's ruling in May that a tweet posted by her was highly defamatory.
Her posting appeared two days after a Newsnight report last November wrongly implicated the former Conservative Party treasurer in allegations of sex abuse at Bryn Estyn children's home in the 1970s and 1980s.
Bercow denied that the tweet -– "Why is Lord McAlpine trending? *Innocent face*" –- was defamatory, but McAlpine, who has already received six-figure payouts from the BBC and ITV, said it pointed the finger of blame during a media frenzy.
The judge agreed with McAlpine.
Bercow's QC, William McCormick, said: "Mrs Bercow wishes and hopes that as a result of this matter other Twitter users will behave more responsibly in how they use that platform. She certainly intends to do so herself."
Garnier said that, at the time of her tweet, Bercow had more than 56,000 followers and, as was foreseeable, a substantial number of them re-tweeted her "unsubtle message".
Afterwards, McAlpine's lawyer, Andrew Reid, said: "Today has seen closure of a piece of litigation which has now become the leading case in terms of internet responsibility.
"Our client had never wanted the situation to get to this stage. It was always his intention to avoid litigation if at all possible, just as it was always Mrs Bercow's intention, until today, not to provide an apology satisfactory to our client.
"It is to be hoped that lessons will be learned: This litigation could so easily have been avoided if common sense had prevailed over political positioning.
"In January of this year, Lord McAlpine made a 'without prejudice' offer to Mrs Bercow to settle at a substantially lower sum than his leading counsel, Sir Edward Garnier QC, advised that he was likely to obtain if the matter went to full trial.
"He made the offer in an attempt to avoid the detrimental effect of litigation on his health, but sadly, Mrs Bercow was not prepared at the relevant time to avail herself of this reasonable offer."
He added that it was now a legal requirement that, if Bercow were to re-activate her Twitter account, she must formally issue on it her apology.