Thursday 23 September 2010

TripAdviser defamation suit

News of a proposed action by a group of over 400 hotels and restaurants against the review site TripAdviser will be followed with interest by internet users and legal observers alike. It has been alleged that some of the reviews posted on the TripAdvisor website contain false allegations intended to affect business and impact on reputation. If the group can show that the content posted on the website is defamatory, TripAdviser would then have to either prove the truth of the statements posted under the ‘justification’ defence or defend them on grounds of ‘fair comment’.

Fair comment is a defence commonly relied on by critics and reviewers in media. The defence applies to a statement of opinion where a review is simply giving the writer’s opinion or comment however bad this may be. The right to express opinion on matters of public interest has grown increasingly popular on the internet through various online forums, social networking sites and user reviews however the comment or criticism should be fair, honest and based on true facts. The freedom to have an opinion is entrenched in the law on human rights and the fundamental principles of freedom of speech.

To falsify and distort facts and then to comment on them as if they are true is clearly not a fair comment and the potential claimants in this action are concerned about the nature and content of what is alleged in some of the reviews.

There is however some additional protection for internet service providers hosting online forums and review sites. This is where the ISP does not have actual knowledge of the defamatory material or knowledge of the facts or circumstances from which it is apparent that the information is defamatory. If on obtaining knowledge of a defamatory statement the website fails to act expeditiously to remove or disable access to the defamatory material it will lose this protection.

Therefore TripAdviser may be required to swiftly remove material once they are given notice of any defamatory content which falsifies facts in order to avoid legal action.

Read more about Hart Brown

Wednesday 22 September 2010

Judge says that children are damaged by divorcing parents

This morning on the BBC Breakfast News, comments made in a speech by a senior family judge, Sir Nicholas Wall were discussed.

The speech was made to the charity Families Need Fathers. In the speech, he said that parents “do not realise the damage they do to their children” and that a child’s self worth can be “irredeemably damaged” if one parent makes it clear to the child that their other parent is worthless. He also said that parents find it hard to understand that even though they have separated from their spouse, their children will still love and be loyal to both of them.

Discussing the matter this morning, Liz Edwards from Resolution said that parents don’t have enough information on how to manage their relationship with an ex-spouse going forward. Craig Pickering from Families Need Fathers advised for parents to seek help on separation.

As commented by Liz Edwards, parents should consider what they want to achieve and then consider what the effect will be on the children. Perhaps easier said than done for separating spouses when emotions are raw? However, with the support of an understanding lawyer, this can be much more achievable than one might think.

At Hart Brown, our lawyers are Resolution (which was formerly known as the Solicitors Family Law Association) accredited and we understand that separation can be a difficult time for both parents and children. We will work with you to find practical solutions and to help minimise the negative impact on children.

Link to BBC article: http://www.bbc.co.uk/news/education-11380470

Read more about Hart Brown's Family Department

Friday 3 September 2010

Cheryl & Ashley Cole - How quick will their divorce really be?

Today, the media are reporting that Ashley and Cheryl Cole’s divorce will be finalised in the High Court today.

However, this is not correct. The Decree Nisi will be pronounced today in court, which is the first decree in the divorce proceedings. There are two decrees in any divorce, the second one being the Decree Absolute. It is only when the Decree Absolute has been pronounced that the marriage will legally be dissolved.

There is a time delay of six weeks and one day once the Decree Nisi has been pronounced and before the Decree Absolute can be applied for by the Petitioner in the proceedings. The reason for this delay is that this is deemed to be a ‘cooling off’ period, and during this time, the parties are still legally married. The purpose of this is that it gives both parties time to consider a reconciliation. Contrary to what the media portray, a divorce is not obtained so easily in England and Wales and the court must be satisfied that there are valid reasons and that both parties have fully considered the consequences. Therefore, Ashley and Cheryl will remain married for at least another six weeks and one day!

Cheryl and Ashley’s divorce, as with many celebrity divorces is being termed by the media as a ‘quickie divorce’. However, the concept of the ‘quickie divorce’ does not exist and Cheryl and Ashley will be proceeding through exactly the same divorce process as any other couple. There is of course also the financial settlement that appears to have been negotiated which is separate to the divorce proceedings. It can take some time to reach a financial settlement, especially where there is a considerable amount of wealth.

Link to news story:-

http://www.bbc.co.uk/news/entertainment-arts-11173177

Anne Thomas, Family Department, Hart Brown Solicitors