Share this content
14

Elon Musk

Twitter libel?

Didn't find your answer?

I have as low an opinion of lawyers as they probably have of me ;-)  I note that the ubiquitous panjandrum Mark Stephens was advising Unsworth . I wonder whether MS approached Unsworth or the other way round anyway  he (MS) got his come uppance  . I do have a lot of sympathy for Unsworth as I dislike intensely trolling and other cynical comments on the web but the I also despise legal advisers recommending that they sue for $190m ridiculous. Of course there now appears to be a volte face and Unsworth will appeal having said that he will take it on the chin. wonder whose idea that was?

Nick (shooting self in foot)

 

Replies (14)

Please login or register to join the discussion.

RLI
By lionofludesch
08th Dec 2019 17:41

Most of the $190m was for legal fees, I understand.

I'm not a great fan of the justice system myself. It's priced at a level to keep the number of cases down, which inevitably denies justice to thed less well off.

However, the jury commented that the defence's evidence wasn't good enough.

I can't pass an opinion on that myself, not having followed the case. I merely state it as reporting their opinion.

Thanks (0)
Replying to lionofludesch:
avatar
By carnmores
08th Dec 2019 19:05

In USA punitive damages get automatically tripled if my memory serves me right, hence my comment re greedy Stephens. I think that the overblown 'im a victim' and the dart defence were the critical factors.

Thanks (0)
avatar
By johnhemming
09th Dec 2019 06:59

Article 1 of the US constitution means that defamation cases operate differently in the USA to how they operate in the UK.

Furthermore in the UK juries are now not generally involved. I could not say that the same conclusion would be come to in the UK. What we had was the claimant making abusive and derogatory comments about the defendant and the defendant responding to that.

Thanks (0)
Replying to johnhemming:
avatar
By carnmores
09th Dec 2019 08:48

I think you are referring to the 1st amendment. You are correct the Defamation Act does away with juries in libel actions

Thanks (0)
Replying to carnmores:
avatar
By johnhemming
09th Dec 2019 12:19

You are right. I meant the first amendment.

Thanks (0)
avatar
By Justin Bryant
09th Dec 2019 16:11

As has been mentioned here before, this is the risk you take when you sue very rich people and they aren't so interested in settling out of court.

Also, all rich people are targets for lawsuits, which is why they are all interested in asset protection planning.

The suggested reason this lawsuit was issued in the US (and not London) is explained here and is all to do with the money of course:

https://www.lawgazette.co.uk/law/cave-diver-defamation-jury-wrong-in-law...

Thanks (0)
Red Leader
By Red Leader
09th Dec 2019 11:58

I think it's "plaintiff" rather than defendant", though perhaps the terms are different in the US legal system.

Thanks (0)
Replying to Red Leader:
avatar
By carnmores
09th Dec 2019 12:08

I think they're called claimants in the UK now

Thanks (0)
Replying to Red Leader:
avatar
By johnhemming
09th Dec 2019 12:26

I tend to use the English and Welsh jurisdiction terms.

Scotland has the interesting term of pursuer for a claimant. E&W used to use plaintiff, but that changed in 1999. The USA still uses plaintiff.

Its the same principle. The Scots use defender, but USA and E&W use defendant.

Thanks (0)
Replying to johnhemming:
Red Leader
By Red Leader
09th Dec 2019 15:03

Ah right.
Musk was the defendant, Unsworth the plaintiff.
In E&W, Musk would also have been termed the defendant, but Unsworth would be termed the claimant.
I never knew about the change from plaintiff in E&W. A little bit like my clients who still think there is tapering relief, for example.

Thanks (0)
Replying to Red Leader:
avatar
By johnhemming
09th Dec 2019 15:15

I have won two defamation cases in E&W as a litigant in person in the past 14 months and am in the process of winning a third. Hence although I have had assistance in drafting documentation (to the extent that a friend of mine has done most of the work) I have been involved in drafting pleadings.

The advice from a barrister is that judges prefer pleadings to refer to defendants and claimants rather than naming parties. I have got into that habit.

Thanks (0)
Replying to johnhemming:
avatar
By carnmores
09th Dec 2019 15:35

Blimey you are in danger of becoming a vexatious litigant. What have you allegedly done to attract all this venom?

Thanks (0)
Replying to Red Leader:
avatar
By carnmores
09th Dec 2019 15:37

Glad to help and i will check my non existent transitional overlap relief

Thanks (0)
Share this content

Related posts