Kaschke v. Gray & Hilton....you thought is was all over?...it is now!

After nearly 4 years of extensive litigation, Lord Justice Thomas today at a hearing in Court 68 of the Royal Courts of Justice refused Johanna Kaschke leave to appeal against her libel case being struck out.

He supported previous rulings that the difference between what Ms Kaschke has admitted to be true and what she thinks is libel, is so insignificant to be an abuse of a full Jury trial.  It is simply not worth the candle.  Even is she was to win (and of course she would not) her damages would only be minimal at very best.

Why this statement of the bleeding obvious has taken such a long time to come about at such a huge cost to the public purse is another matter.

This is now the end of the matter for Alex Hilton and myself.  Ms Kaschke of course intends to take the matter to the European Court of Human Rights (ECHR).  However, in the extremely unlikely event that the ECHR consider this a case worth examining it will be the British Government who will have to defend it not Alex or I.

Fellow defendant Dave Osler also had the case against him kicked out last year.

Many thanks to Robert Dougans, David Allen Green (Jack of Kent) and former members of the CCCP Young Pioneers for their outstanding help and support. Also last but not least thanks to Stroppy and Montrose. 

The final irony (of many) in this is that Ms Kaschke claims that she got involved in British Politics because she was worried as a Council tenant about her security of tenure. She then made her long march from Labour to Respect to CPGB to CPB to Labour (again briefly) then to the Conservative Party.  Her beloved David Cameron and his Tory-led government is now responsible for introducing changes to the Housing benefit system which will mean that Council tenants such as herself who under occupy their homes (have more bedrooms than they are deemed to need) will face being evicted.

Picture from last July when case first dismissed.

UPDATE: Check Index against Censorship press release and David Allen Green's post in the New Statesman about the case "with no merit whatsoever".

Kaschke Blogging Libel Update

The legal saga and complete waste of Court time and public funds continues. Please bear with me while I try to set the scene and explain - since it is just a tinny weeny bit confusing.

In 2007 Tower Hamlet's own SPD turned Labour Party turned Respect turned CPGB turned CPB turned Labour and finally Conservative Party blogger, Johanna Kaschke, sued for libel Labour bloggers Dave Osler (Dave's Part), Alex Hilton (Labourhome) and myself.  In September 2010 Kaschke's ludicrous case against Dave had been finally and completely thrown out of court for abuse of process.  She is still as you can see threatening him with some sort of legal action.

In July 2010 her case against Alex and I was struck out also for abuse of process (pending appeals). Last week, Kaschke lost a written appeal against the decision to strike out her claim (see copy of order left) despite her "lengthy arguments". However she is still allowed to have a oral hearing requesting an appeal.  This will now take place at the Royal Court of Justice on 2 March 2011. 

Alex and I are being ably assisted by Assistant Solicitor of the Year" (2010) and The Times "Lawyer of the week" Robert Dougans and top legal blogger, David Allen Green, (aka Jack of Kent).

I am of course pleased that Ms Kaschke, who obviously as a personal libel litigant is concerned about reputational damage has decided to withdraw her incisive, intellectual masterpiece post "John Gray is a Fat Ponze".

:)

UPDATE: but I have been reminded that she still posts here "Incumbent Labour Councillor Worships Machinegun wielding hero".

Labour Party Conference 2010: Bloggers 4 Labour fringe

Last Monday I was a member of this panel at the conference fringe chaired by London Labour MEP, (and blogger) Mary Honeyball.  I was first to speak then Islington Councillor and head of David Miliband social media campaign, Jessica Asato; the popular website Labour List’s acting editor, Mark Ferguson (who despite a dare did not appear in the supposed atypical male blogging attire – boxer shorts and dressing gown) and Labour “Social Media Tsar”, Kerry McCarthy MP.

There were around 100 people present in the fringe.  Many of whom were furiously blogging, tweeting and facebooking as we spoke.  There was even a few die-hards writing notes with pen-and-paper!

I went first about the legal perils of blogging and how Alex Hilton, Dave Olser and I have lived in “interesting times” for the past 3 1/2 years.  Since my case and Alex is still “on-going” (although in its final stages hopefully) I was a little circumspect about what I could say. 

I did warn bloggers that they must be mindful that it only costs £75 for someone to make a claim (serve a writ) for libel no matter how seemingly ridiculous the claim.  If you are in receipt of certain benefits it is even free.  You could spend thousands of pounds in legal costs (and years of your life) trying to get such a case kicked out with no guarantee you would ever be able to reclaim any of your costs. 

There are a few things to safeguard yourself - such as if you make a somewhat controversial post or comment on something you see on a web site - then save a screen print of it.  If you allow comments then make sure you do indeed moderate them.  If you get a complaint - take down the post until you get advice. 

Some say that the best posts are written late on a Friday or Saturday night after a “few” drinkies – but it is best to post only in the cold harsh light of the following day.  No matter how brilliant you thought it was at the time.

It is not all doom and gloom.  There were a number of occasions of “high comedy”.  Such as when Dave Osler "Ex-punk. Ex-Trot. Unchanged attitude problem" (definitely not a New Labour Supporter)" had to stand up in chambers and respectfully address the bowler hat wearing and MCC tie judge as “Master”.

Check out top legal blog “Jack of Kent” for fuller details of case's.

Next, I spoke about my cunning plan to “drive a wedge in the Coalition by social media”.  Blogging is usually driven either by the top or the bottom.  There are a number of high profile national individual or party blogs with widespread readership and interest.  There are also a huge number of smaller local and personal blogs with a small number of readers.  There is a gap in the middle to exploit. 

I wanted to encourage a Labour movement family blog in every locality.  In London this could be on a borough or regional basis. Run jointly by the local Labour Party and the affiliated trade unions.  A campaigning and reporting blog which will primarily be aimed and used to demonstrate to the 3 million trade union affiliates (and others) that the responsibility for the massive cuts in services and benefits that we face are down to the CONDEMS – and no one else. 

(I did mention that this wasn’t probably the most sensitive time to mention the further political mobilisation of trade union members!).  

Next was Jessica who was able to tell us what it was like to run a national mass new media campaign.  She suggested that there should be a fund for bloggers who face legal action and we need to do something about vile misogynistic anonymous commenter’s (which Mary concurred)

Mark is in the best tradition of Labour bloggers – enthusiastic, knowledgeable, cynical yet amusing.  He will make a fine editor of Labour List as long as they do not run out of money.

Kerry is a total new media enthusiast who wants to use this medium as a new means to communicate our traditional Labour values to the real wider public.   

Mary noted that she “was very pleased by the number of serious bloggers in the audience Councillor Stephen Cowan, Jon Worth, Tracey Cheetham, Mark Nottingham, Colin Ellar and the increasingly well regarded Political Scrapbook”.

There was a very good Q&A from the audience and since no-one mentioned my grand design for local Labour movement blogging, I assume that everyone agreed that it was a wonderful idea - or were too polite to disagree. 

Mary gave all us panellists at the end a very lovely thank you card and a little pressie (see – bloggers do have manners!). 

My pressie was the DVD of “A Very British Coup”.  Which perhaps I ought to send on to our “Red Ed” to prepare him for what might happen when he does become PM!

Many thanks to Mary and her team for all their hard work for what was an enjoyable and instructive fringe.

Kaschke loses Libel Appeal against Dave Osler

Another Tower Hamlets saga.  Self proclaimed “Party Shopper” Johanna Kaschke failed to get permission at the Royal Court of Justice (RCJ) today to appeal against her libel case being thrown out as an abuse of process.

Kaschke was trying to sue Dave for libel over a web post he did about her on his blog.  It was a completely ludicrous claim that should never have got before any court in the first place and should never have taken over 3 years to be dismissed.

One of her libel claims against Dave was that a commentator on his blog had described her as being "one cherry short of a Schwarzwälder Kirschtorte".

Kaschke has exhausted the British judicial process but will no doubt continue to try and waste public funds on other pointless legal adventures.

I’ve just had a cheery conversation with Dave on the phone.  Much to my regret I was unable to be there in person.  He is in a pub (naturally) celebrating and about to go off to our favourite RCJ Indian restaurant for a meal.  Before going off to the AWL 70^th anniversary “celebration” of Trotsky’s assassination! (or something like that?) A busy day.  My AWL invite must have been lost in the post.

Dave (Photo: on the left of course) thanks his top Solicitor-Advocate, Robert Dougans, (bottom of photo) and blogging solicitor David Allen Green (top - aka Jack of Kent).  No doubt Dave and David will post on today’s events in due course. 

Alex Hilton and I await the pleasure of Ms Kaschke company at the RCJ in a month or so as she seeks permission to appeal the judgment that her claim against us should also be thrown out. 

I can’t wait.

(pictures from Dave's partner Stroppy Bird who was herself libelled by Kaschke who keeps referring to her as Mrs Osler!!!!)

Finally - A Victory - for Common Sense.

We won. It's struck out.  What a complete and utter waste of time, energy and (public) money. Many thanks to Robert, David (and Matthew)

nuf said

Kaschke Appeal in Osler case denied!

Just heard that the Court of Appeal has refused Kaschke's written request for permission to appeal about her case against Dave Olser being struck out as an abuse of process. 

I've just had this comment on Facebook from someone following this mess "Yippee! I await another interminable conspiracy blaming post...". 

No doubt she will now demand a full oral hearing before the Court of Appeal(as is her right - but of course a further complete and utter waste of Court time and public funds).

We may find out the result of another case tomorrow!