GOODMAN DERRICK LLP SECURES VICTORY
FOR ROBUST POLITICAL CAMPAIGNING
11 May 2009
A hallmark of British political campaigning over the last three centuries is that it has been
robust, partisan and frequently negative in tone. This tradition was recently challenged by
a Tory politician in the High Court but his claim was dismissed in a landmark decision.
Patrick Swaffer and Nigel Adams of Goodman Derrick LLP acted for the two successful
defendants: Robin Pierce, a Liberal Democrat District Council candidate and his agent
David Cooper. The claims against them for malicious falsehood and breach of the Data
Protection Act 1998 were brought by the Conservative candidate Chris Quinton in relation
to critical material published in a local election pamphlet.
The Judge (Mr Justice Eady) described the case as venturing “into largely unchartered
territory”. Mr Quinton argued that all material published concerning politicians, their
activities and their opinions should be subject to the requirements of absolute ‘fairness
and accuracy’. All politicians should be required to be ‘impartial and balanced’ in their
coverage of an opponent’s conduct or policies. If that argument had prevailed it would
have stifled future political debate and inhibited the ability of political candidates to
criticise their opponents.
In a robust Judgment delivered on 30 April 2009 Mr Justice Eady affirmed the principle that
political campaigning can be partial, biased and hard hitting. That, of itself, did not make
the material published malicious, unfair or inaccurate. In particular the suggestion made
on Mr Quinton’s behalf that electoral candidates should notify opponents in advance each
time a reference was made to them in a computer generated document was described as
an absurdity.
Patrick Swaffer commented “This is an important decision upholding the tradition of
vigorous political debate in the country. Any other result would have fundamentally
changed the nature of campaign material used in elections and sterilised much political
comment”.
Notes to editors:
GOODMAN DERRICK LLP is an established London law firm with a broadly based commercial
practice, representing both UK and international clients. The firm has twenty one partners
and a total complement of 80 staff including over thirty five practising lawyers. The firm
has an acknowledged expertise in the areas of media law, corporate & commercial law,
litigation, property, employment and private client matters.
Contact
For more information about this story, please contact Patrick Swaffer on 020 7404 0606 pswaffer@gdlaw.co.uk |
download