BrigandDoom
Posts: 155
Joined: 12/29/2007
From: Nottingham
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Unless settled on the courthouse steps, Monday 7th sees the kick-off for Mosley v News Group Newspapers Ltd, which "will be a legal landmark" says the Press Gazette.
Settlement must be a distinct possibility, given that the NotW is aware they could lose, and tried to limit the downside by asking the judge to remove the possibility of punitive - as opposed to compensatory - damages. They lost that one.
Whilst an out of court settlement would spare many blushes, not least those of the IC participants, it would deny us the possibility of a stronger legal precedent as to what can and cannot be published about private bdsm activities.
The NotW might reckon it is their longer term interests not to have that too well defined.
If Mosley wins, several IC outees in recent months might have found it relatively straightforward to obtain an injunction before publication.
Legal manager for News International Tom Crone said: “We will say that vice is vice. This is someone who is a public figure, who is elected and a leading figure in terms of his influence in the worldwide sport of Formula One. He has enormous power and access, and we say this story is a matter of public interest in the same way it would be with an MP.”
So, where is the legal "bright line" that divides public from private figure ? Does it make any difference if entrapment was involved ?
Both sides are fielding QC's from the same chambers, 5RB, who come equal top in Defamation & Privacy opinion polls among lawyers. Max's junior is something of a hotshot coming guy, David Sherborne, with an interesting client list - Diana Princess of Wales, Lady Archer, Benazhir Bhutto, Michael Douglas and Catherine Zeta-Jones, Ewan McGregor, Mick Jagger, Liam and Noel Gallagher, the Spice Girls, Claudia Schiffer, Kate Moss, Caprice, Steve Bing, Jennifer Aniston, Mike Tyson, Ricky Hatton, Don King, Lawrence Dallaglio, Rio Ferdinand, Kieron Dyer, Ashley Cole, David Beckham and Sven Goren Eriksson.
The trial, which will be heard in public, is set to last for two weeks. The ramifications for the British press could be big as rumour abound that a Conservative MP is proposing entering a private members bill to introduce legislation to curb what the press can justify printing under "public interest".
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Brigand Doom
There is only one, accept no alternatives!
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Max Moseley off to sue the News of the Screws on Monday! - 
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