Hail strategy

I think the “Hail the excellent Robert Dougans” strategy doesn’t help the UK in the determination of the libel laws. Such propaganda only helps him to get extra work and provides free advertisement for him but in essence would have been fit for a Roman emperor or other dictatorial persons. I think it is a real shame that law  firms can exploit the pro bono procedure to make free  advertising for themselves.  This ruling will never stand up before the ECHR as it is and Robert Dougans knows it. Dougans now thinks it is generous to drop all costs in the case for a paltry £2.000 when his firm is due to make many, many thousands out of the free advertisement.  Even Justice Eady remarked on the on-the-spot-offer as not being correctly made. I will not sell my right to a fair trial and fair determination of the issue for any price.

It also jeopardises a proper determination of the law if newspapers tint judgments in a particular light. The law is not as simple as just to say one thing or another. It is very complex and calling on Ken Clarke to find a solution to lower costs is basically a good idea but where is the call for free legal advice to go with any suggestions. The Defamation Act of 1996 asks for a determination of issues per jury trial, and the only way to reduce those costs is by an application for summary judgment. 

These lawyers are trying to use me as a guinea pig to push through new legislation and that is beyond reasonable doubt. A determination of content by a single judge on the defamation  is against the Supreme Court Act and the Jameel  doctrine has never been tested on in the ECHR, simply because it was used in proceedings, that involved 2 foreign, non EU litigants on either side of the case. To say a claim is an abuse of process when that is judged in an unfair hearing is itself an abuse of process. There must be a lawyer on either side of the argument to make any decision fair.

It is also quite disturbing, from a sexist point of view that as soon as Robert  Dougans with male client David Osler wins a hearing the press gets mad and falls over themselves to support the 2 blokes, but when I won an earlier hearing before Justice Stadlen, that contradicts the very outcome of the Eady hearing, the press kept it as quiet as possible, including my local rag.

Lets just face it, ultimately a case is  not over before it has been processed by all instances of a UK court and then also by the EU courts to make it really, really clear and I think that Justice Eady knows that I can come up with some very good arguments and he has respect for this and I thank him for that. However the judgement is rather polemic and not properly founded and I shall point out my exact reasons why I say that in my permission to appeal application.

This quite unusual Eady ruling is a set back for all those victims of terrorism who now have to watch how terrorism is jokingly trivialized by the press, the results of which we have seen already.  I am just posting that to assure all those victims of terrorism that I shall take up their rights under the article 10. And then to say that I was arrested during the Baader-Meinhof hysteria in Germany puts this case into a huge quantitative  frame and if I asked now each and every person, that was arrested in Germany during the 70s,80s and 90s, when Baader-Meinhof were active, to come forward, we would come up with a huge number of persons, so that frame of mind is very unpractical, it was  merely dictated by the press who exploited that. I feel victim to that as well and I do not like it one bit. I refused an offer from Der Spiegel to purchase the copyright for the sickening and untrue story they printed about me in issue 39/1975, currently before the European  Court of Human Rights and I shall refuse to drop a case for a discount price. Mr Osler could consider allowing his pro bono lawyer to pay his costs when he loses the case in the end.

Mr Dougans should be ashamed to ask me for £2,000 knowing that I have lost my business due to the immense amount of work I had to put in this case over the last 2 years. He should in penance, immediately donate £2,000 to the Great Ormand Street Hospital instead.

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