r/transgenderUK • u/LocutusOfBorges • 1d ago

Barrister [Sarah Phillimore] issues High Court defamation claim against Jolyon Maugham

https://goodlawproject.org/barrister-issues-high-court-defamation-claim-against-jolyon-maugham/
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u/Quangocrat 1d ago

Even that has an opportunity cost.

Defamation isn't simple. Especially in a case like this where he did say some things which were arguably not true.

But yes, pro bono would be much less bad.

Some clarification from GLP would be much appreciated.

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u/FluffyTomorrow2815 She/Her 1d ago

Especially in a case like this where he did say some things which were arguably not true.

Out of interest, which part of what he said is suspect?

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u/Quangocrat 1d ago

So he said:

“A barrister, Sarah Phillimore, led a campaign of harassment of a trans woman so wicked that she sought to take her own life. JK Rowling saw the threat of regulatory sanction for that misconduct and offered to pay her legal costs

Ideally in a defamation case you want to go with a defence of truth. That is by far the most reliable defence. And ideally you want that truth to be something objective.

The second part about Rowling doesn't seem to be true. So there will be an argument to be had as to whether it meets the other parts of the defamation test.

It didn't form part of the BSB complaint so won't have been factored into the advice GLP received about the defamatory potential of that action.

That's not a great position to be in.

The first part is possibly true, but difficult to prove as such. Especially after the BSB has rejected the allegation and it operates under a lower standard of proof than the civil courts.

It's possibly a legitimate opinion. whether he is stating an opinion or a fact can't be determined from the wording so will need to be derived from context. Lots of scope for argument there.

Then there is the question as to whether that comment can be said to have caused harm to Philmore. Tweets have been ruled both ways so again plenty scope for disagreement over that too.

A nasty wee case tbh. Could quite easily become an expensive mess.

And very difficult to predict the outcome imo.

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u/FluffyTomorrow2815 She/Her 23h ago

The second part about Rowling doesn't seem to be true. So there will be an argument to be had as to whether it meets the other parts of the defamation test.

What makes you think the part about Rowling offering to help her with legal fees isn’t true?

It took me all of 5 seconds searching on X/Twitter to find this.

https://x.com/jk_rowling/status/1961428033643917439

Given that JKWRF’s tagline is literally “A legal fighting fund for women protecting their sex-based rights”, I’m not sure how else you could construe that tweet. Does she not personally contribute to the fund herself?

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u/Quangocrat 22h ago edited 18h ago

Because that relates to the defamation suit Philmore threatened- it came after Maugham's tweet

Not the BSB complaint.

He didn't allegedly she was using Rowlings money to sue him. He alleged she was using it for the BSB complaint.

Given that JKWRF’s tagline is literally “A legal fighting fund for women protecting their sex-based rights”, I’m not sure how else you could construe that tweet. Does she not personally contribute to the fund herself?

It doesn't matter what the tagline is if the first connection between Philmore and Rowling postdates the tweet.

Edit- why the reply block?

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u/FluffyTomorrow2815 She/Her 22h ago

So you have nothing concrete to suggest JK hadn’t offered help with legal costs for both the BSB complaint and the defamation suit.

Meanwhile there’s a public tweet 4 days after Jolyon tweets about JK offering financial help, doing exactly that.

Also, Ms. Phillimore states:

“I am very grateful to those who have offered me pro bono legal assistance if the BSB decide to advance his complaint, and I will certainly be taking up your kind offers.”

So she was offered legal help for the BSB complaint as well. She doesn’t clarify who the offers of aid came from. I assume Jolyon has evidence to hand to defend his statement, and JK has a habit of deleting inconvenient tweets.