Quote:
Originally Posted by Aardvark
mrabody,
You are aware, I assume, that Michael Keith-Smith posts on this forum? I always say nice things about him to be on the safe side. Damages might seem small, but if you win a penny in damages then costs lie with the other side.
There was a case where the Tory Mayor of Chelsea was accused of spanking a lady thirty or forty years his junior over a kitchen table. The jury awarded the man a penny as he turned out to be a complete cad. The costs crippled the other side.
People without reputations should not slag off those of us who are above the salt, it's a costly affair.
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Yes I am well aware that even in the case of a penny judgement costs may be payable by the other side. It's a pity that such cases aren't treated like small claims. I much prefer litigation North-American-style where the courts in most instances only award nominal costs and only rarely award what are known as solicitor-client costs (that is the full cost of the action), and then only in cases where one party or their counsel has behaved egregiously. Making a litigant bear the majority of the costs for his action helps focus the potential litigant's mind on important questions such as - "is this really worth a lawsuit?"
Unfortunately England has earned something of a reputation as a centre of libel tourism.