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    Tuesday, 20 November 2007

    None shall pass?: libel tourism challenged in the US

    Last week, the Guardian noted that a challenge was being brought in the New York state court of appeals by author Rachel Ehrenfeld against a defamation judgment delivered by the UK courts. A consolidated amicus brief has been entered by all the major UK newspaper groups. The case was being described as the most important First Amendment litigation for 50 years. For a great survey of the background, see this from cearta.ie.

    Ehrenfeld is seeking declarations that under US law Mahfouz could not prevail in a claim of libel against her, and that Mr Justice Eady's judgment is unenforceable there. The case could have an impact on the resurgent phenomenon of 'libel tourism'.

    2 comments:

    Andrew Scott said...

    For more comment on this case, see the piece by Dan Tench in the Guardian.

    Anonymous said...

    It is very interesting that the UK newspapers have seen fit to support this legal argument, and one must ask why when the upshot will almost certainly have only minimal impact on their own businesses. Clearly, their purpose is to foment comparative criticism of UK libel law by reference to its much more media-friendly US counterpart.

    Is it possible to get hold of the scipt of the amicus brief?

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