Morrissey NME libel case from 2007 hearing - decision for a trial expected "within weeks"

http://www.morrissey-solo.com/threads/118322-Morrissey-NME-libel-case-latestUpdate 7:15 AM PT:

Link posted by Bluebirds in the forums (original post):

Latest from the courts:

Morrissey's NME libel case: judge to decide on jury trial - The Guardian
Britain's most senior libel judge, Mr Justice Tugendhat, to decide if former Smiths frontman's case should be set a high court date

Excerpt:

Mr Justice Tugendhat is expected to decide within weeks whether the former Smiths frontman should be set a high court date for his long and bitter battle against NME over the article, first published four years ago.

Lawyers for the singer told the court on Tuesday that he is willing to be cross-examined as a witness if the trial goes ahead. Morrissey is suing Conor McNicholas, the then-editor of NME, and the magazine's publisher, IPC Media, for libel.

If given the green light by Tugendhat, the trial would be the first UK libel case to be heard before a jury for more than two years. The most recent libel trial by jury in the UK was in 2009, when media baron Richard Desmond lost a case against the author Tom Bower.

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Forum thread posted by Uncleskinny:

From a recent Twitter source comes this...

Morrissey's Libel Case Against NME Should Be Thrown Out, Court Told - Huffington Post UK
Singer Morrissey's libel case over an article about his attitude to immigration should be thrown out as it was "not a genuine bid for vindication", a judge has heard.

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Also posted in the forum thread by goinghome:

Morrissey libel claim 'not genuine' - Irish Times

---

And also posted by Bluebirds, a detailed article in The Guardian:

Morrissey takes 'racism' battle to court - The Guardian
NME interview in 2007 quoted former Smiths frontman complaining of an 'immigration explosion' in Britain

Excerpt:

Britain's most senior libel judge, Mr Justice Tugendhat, is expected to decide on Tuesday whether the claim should go to trial. Morrissey could testify in court alongside his former manager, Merck Mercuriadis, as well as McNicholas, Krissi Murison-Hodge, formerly the deputy editor, and Tim Jonze, the interviewer and now editor of guardian.co.uk/music.

If the claim goes to trial, more than 250 emails between the NME and Morrissey's manager, as well as a full transcript of the interview, would be used as evidence.

 

[King Leer]

Following up on one of the anon. comments above. When Morrissey spoke of immigration to NME, did he truly have faith in the entirely new guard there or was he testing, pushing the limits? Thoughts?

 

[Anonymous]

Personally I hope he looses because he can not claim "I did not say that" nor can he say " I was misquoted".His downfall (on a sword of his own making) has been a long time coming and the day can't come too soon he looses this case, and looses big. I will smile broadly when he does loose. Frankly his little Englander views are best suited for the likes of the Daily Mail (a tory rag). I am sure he would be right at home in the English Deence League (mind you they might tell him he's not welcome as he comes from an immigrant family, now that would be funny).

Its' quite embarrassing his dwindling number of fans defending the indefensible. He is a nasty man deal with it.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Personally I hope he looses because he can not claim "I did not say that" nor can he say " I was misquoted".His downfall (on a sword of his own making) has been a long time coming and the day can't come too soon he looses this case, and looses big. I will smile broadly when he does loose. Frankly his little Englander views are best suited for the likes of the Daily Mail (a tory rag). I am sure he would be right at home in the English Deence League (mind you they might tell him he's not welcome as he comes from an immigrant family, now that would be funny).

Its' quite embarrassing his dwindling number of fans defending the indefensible. He is a nasty man deal with it.

The only embarrassing sight here is how illiterate and pathetic people like you are even granted internet access during recess. Perhaps you will "loose" those privileges soon.
So you don't like Morrissey? Why are you on this site then as I'm quite sure he'll be terribly upset to "loose" you as a fan

Maybe Morrissey should also speak out on the failure of our educational system too

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Assuming the stike-out application fails, and the matter proceeds to trial...

If Morrissey chooses to give evidence in this, he will have to be prepared to answer fully some pretty direct questions in cross-examination about some of the comments he is reported to have made previously (Chinese being "sub-species" etc). His legal team will advise him that he must be prepared for this, and giving evasive answers will guarantee that he loses, and his reputation will be soiled.

He may also be asked about the lyrics in National Front Disco, We'll Let You Know, Bengali in Platforms and Asian Rut, and must be prepared to answer them directly. This is often a problem for Morrissey, who prefers not to comment on his lyrics as he recognises that ambiguity allows each listener to assign the meaning most relevant to him.

Morrissey cannot afford to adopt that aloofness in the witness box.

I think he should welcome this opportunity, as in my view all of these songs have unfairly been referred to as examples of his racism, whereas those who have actually listened to them critically know that this is not the case. He is either lamenting racsim (National Front Disco / Bengali in Platforms / Asian Rut) or adopting a menacing first person persona (We'll let you know). Moz is no more a racist for 'We'll let you know' than he is a serial killer for 'Jack the Ripper.'

Perhaps if he does a good job in the box, he will be vindicated and will finally be able to stand by the flag not feeling shameful or racist...

...but what a gamble. Morrissey may wryly appreciate the parallels in these proceedings with those of his hero, Oscar Wilde. Let us hope for his sake that he does not suffer the same fate.

 

[Anonymous]

I love how you liberals defend Moz's racist comments (because he is a liberal too) yet if it was a conservative who said the same things (or less) you'd want him dragged to the gallows immediately.

Two-faced hypocrites.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

The only embarrassing sight here is how illiterate and pathetic people like you are even granted internet access during recess. Perhaps you will "loose" those privileges soon.
So you don't like Morrissey? Why are you on this site then as I'm quite sure he'll be terribly upset to "loose" you as a fan

Maybe Morrissey should also speak out on the failure of our educational system too

OK so I didn't do a spell check how about dealing with the substance of the points raised rather than deflect attention (so typical of blindly loyal Morrissey fan's theses days).

I would hazard to guess he would blame immigrants on the demise of educational standards he seems to blame them for everything else, oh isn't he an immigrant too (hence they hypocrite accusation).

Seriously if the man really cared about animals he'd be a vegan, but I digress.

Would the last Morrissey fan leaving the building switch the lights off.

 

[goinghome]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Assuming the stike-out application fails, and the matter proceeds to trial...

If Morrissey chooses to give evidence in this, he will have to be prepared to answer fully some pretty direct questions in cross-examination about some of the comments he is reported to have made previously (Chinese being "sub-species" etc). His legal team will advise him that he must be prepared for this, and giving evasive answers will guarantee that he loses, and his reputation will be soiled.

He may also be asked about the lyrics in National Front Disco, We'll Let You Know, Bengali in Platforms and Asian Rut, and must be prepared to answer them directly. This is often a problem for Morrissey, who prefers not to comment on his lyrics as he recognises that ambiguity allows each listener to assign the meaning most relevant to him.

Morrissey cannot afford to adopt that aloofness in the witness box.

I think he should welcome this opportunity, as in my view all of these songs have unfairly been referred to as examples of his racism, whereas those who have actually listened to them critically know that this is not the case. He is either lamenting racsim (National Front Disco / Bengali in Platforms / Asian Rut) or adopting a menacing first person persona (We'll let you know). Moz is no more a racist for 'We'll let you know' than he is a serial killer for 'Jack the Ripper.'

Perhaps if he does a good job in the box, he will be vindicated and will finally be able to stand by the flag not feeling shameful or racist...

...but what a gamble. Morrissey may wryly appreciate the parallels in these proceedings with those of his hero, Oscar Wilde. Let us hope for his sake that he does not suffer the same fate.

Good post. Wit would have to go out the window; make yourself plain, that'd be the name of the game, calmly, punctiliously and in dead earnest. It'd be a fairly pivotal case straddling a number of legal principles, attracting huge interest. Already, legal journals are studying the run-up e.g.

RPC takes lead role on Morrissey's libel dispute with NME
Author: Sofia Lind 19 Oct 2011 | 13:19
Law firms: Reynolds Porter Chamberlain
Tags: Privacy/libel

Reynolds Porter Chamberlain (RPC) and media boutique Russells Solicitors are advising on the a dispute between former Smiths frontman Morrissey and music magazine NME which could see one of the first UK libel cases heard before a jury in recent years.

NME has requested to strike out the libel lawsuit, which was brought against the magazine's former editor Conor McNicholas and its publisher IPC Media by Morrissey (pictured) four years ago.

Morrissey's lawyers - Russells and 5RB's David Sherborne QC - have said he is willing to be cross-examined as a witness in the case if the trial goes ahead.

The dispute stems from an NME interview in which Morrissey discussed the impact of immigration on Britain's cultural identity. The singer claims he has suffered reputational damage as a result of the magazine's interpretation of his words.

The NME, which is being represented by RPC media partner Keith Mathieson and One Brick Court's Catrin Evans QC, has asked a judge to strike out the case because Morrissey "hasn't done anything to progress it for three years".

5RB's Sherborne was also recently instructed as one of the barristers to handle the phone-hacking claim brought by Berwin Leighton Paisner partner Graham Shear against the News of The World in July this year, as well as the successful claim brought against the now-defunct tabloid by actress Sienna Miller in May.

http://www.legalweek.com/legal-week/news/2118328/rpc-takes-lead-role-morrisseys-libel-dispute-nme

Not far behind is that sustained 'barrage of press' -

http://musicfeeds.com.au/news/morrissey-to-sue-nme-judge-will-decide-on-trial/

http://www.rollingstone.com/music/news/morrissey-may-be-allowed-to-sue-nme-20111018

http://www.themusicnetwork.com/musi...issey-sues-nme-for-portraying-him-as-rascist/

http://www.digitalspy.ie/media/news/a346101/morrisseys-racism-battle-with-nme-reaches-court.html

etc etc

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Assuming the stike-out application fails, and the matter proceeds to trial...

If Morrissey chooses to give evidence in this, he will have to be prepared to answer fully some pretty direct questions in cross-examination about some of the comments he is reported to have made previously (Chinese being "sub-species" etc). His legal team will advise him that he must be prepared for this, and giving evasive answers will guarantee that he loses, and his reputation will be soiled.

He may also be asked about the lyrics in National Front Disco, We'll Let You Know, Bengali in Platforms and Asian Rut, and must be prepared to answer them directly. This is often a problem for Morrissey, who prefers not to comment on his lyrics as he recognises that ambiguity allows each listener to assign the meaning most relevant to him.

Morrissey cannot afford to adopt that aloofness in the witness box.

I think he should welcome this opportunity, as in my view all of these songs have unfairly been referred to as examples of his racism, whereas those who have actually listened to them critically know that this is not the case. He is either lamenting racsim (National Front Disco / Bengali in Platforms / Asian Rut) or adopting a menacing first person persona (We'll let you know). Moz is no more a racist for 'We'll let you know' than he is a serial killer for 'Jack the Ripper.'

Perhaps if he does a good job in the box, he will be vindicated and will finally be able to stand by the flag not feeling shameful or racist...

...but what a gamble. Morrissey may wryly appreciate the parallels in these proceedings with those of his hero, Oscar Wilde. Let us hope for his sake that he does not suffer the same fate.

I would hope that he is advised not to give evidence at all.

In defamation cases the onus is on the defendant to prove that the statements published are true. The claimant has no burden of proof. Given that the personal views of an individual can be so incredibly difficult to prove (especially in this situation), the NME will have a hard time categorically proving Morrissey is a racist. They can however, try to use the defence of Fair Comment of which then the interview in its entirety and emails will become imperative.

However, the first hurdle will be if the judge feels that there is actually a case of libel to answer to. He may not feel that sufficient damage has been caused to warrant a trial. If he does and Morrissey's legal team can supply the emails and original interview, then I'd imagine the NME will try their darnedest to settle a la Word magazine.

 

[Bluebirds]

Would the previous apology in Word magazie ahve any bearing anonymous? (as you seem to know your stuff!)

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Would the previous apology in Word magazie ahve any bearing anonymous? (as you seem to know your stuff!)

No. Word got into trouble because repeating a rumour (even if it was previously published) leaves journalists absolutely defenceless.

I think if anything the Word case shows how difficult these cases are to defend and for publications in this day and age who don't have a lot of spare cash to gamble with, an apology and legal costs is often the financially prudent solution.

 

[PinkFloyd]

To be fair Morrissey is quite hypocritcal on his views, his parents were immigrants.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

''did cause irreparable damages to Morrissey’s reputation and career''

Yes, his last album bombed, gig venues empty across the land wherever he played, he walked down Deansgate in Manchester and someone thought he was Shane Ward........ Smiths & Morrissey nights across the world closing down one by one as no one wants to go anymore......

Last album was hardly a bomb, gigs were selling steadily, what some moron though in Manchester doesn't matter one tinker's cuss and Smiths/Morrissey nights aren't worth going to even at the best of times.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Personally I hope he looses because he can not claim "I did not say that" nor can he say " I was misquoted".His downfall (on a sword of his own making) has been a long time coming and the day can't come too soon he looses this case, and looses big. I will smile broadly when he does loose. Frankly his little Englander views are best suited for the likes of the Daily Mail (a tory rag). I am sure he would be right at home in the English Deence League (mind you they might tell him he's not welcome as he comes from an immigrant family, now that would be funny).

Its' quite embarrassing his dwindling number of fans defending the indefensible. He is a nasty man deal with it.

Oh yeah the dwindling number of fans that just help to sell out the upcoming US tour. By the way learn how to spell you f***ing moron.

 

[Anonymous]

troll

Spoiler

I see the f*****s and heroin addict is here.losers ahahah ha ha ah haaaa

 

[Anonymous]

It's an effective- if risky - way to summon up some publicity, if nothing else.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Oh yeah the dwindling number of fans that just help to sell out the upcoming US tour. By the way learn how to spell you f***ing moron.

The man doesn't even have a record deal darling. His albums don't even chart anymore (or if they do its number 65 one week and then disappears into oblivion the next). Have you seen the size of the venues he's sold out? (talk about scrapping the barrel for trying to defend him).Tpau or any other cheesy 80's act would fill the venues he's filling now. Your still failing utterly to deal with the issues of substance about the man's blatant hypocrisy and double standards. Incidentally please don't resort to personal insults, it says more about you than anything else.

 

[Anonymous]

Spoiler

Ahahahah ha haha f*****s in here again. Dyslexic homosexual f*****s. Ewww you take dicks in your asses ha you f*****. MOZ Hates you gay ass loser

Troll post.

 

[GarethKeenan]

I hope Mr. Justice Tugendhat is able to take time out of his busy schedule controlling the railways on Sodor.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Have you seen the size of the venues he's sold out? (talk about scrapping the barrel for trying to defend him).Tpau or any other cheesy 80's act would fill the venues he's filling now.

Selling out the Shrine in LA in 1-2 days (including pre-sales) is extremely impressive for an artist. Record deal or not.

 

[Anonymous]

Re: Article: Morrissey NME libel case from 2007 hearing - decision for a trial expect

Selling out the Shrine in LA in 1-2 days (including pre-sales) is extremely impressive for an artist. Record deal or not.

I really don't want to be taken down a blind alley in terms of a discussion about the venues he is "selling out " (but I can return to it). What concerns me far more is the very substantial issue and frankly very serious issues of the man's hypocrisy and consistent targeting of immigrants and ethnic (despite the fact he is an immigrant himself) as scapegoat for what is see's "wrong".In all the exchanges I have had in this thread no attempt was made to counter argue the points I raised about his troubling views on race, immigrants, and multiculturism, nowhere.

A further indication of the man's hypocrisy is the fact he spent almost on entire album (You Are The Quarry), denouncing judges, which really got boring after a while. For someone that expresses little faith in the judicial system he displays a frankly laughable volte face that he has any faith in the justice system in this particular case. I'd love to know where his new found faith in the judicial system arose from.

Lastly (but really a mute point), 18,000 tickets for the Manchester Evening News Arena sold out in 84 minutes to selling out the LA Shrine (with presales) in two days, is the law of diminishing returns in my eyes. But it's not an alley way I intended to go down.Oh and I hope fans that do attend are on their best behaviour, we don't want to see fans being escorted off the premises by security (seriously who the f*ck does he think he is.......). I'm sorry Morrissey, the Israeli government have sanctioned appalling human rights abuses against the illegally occupied people of Palestine , but that really doesn't seem to bother you, you took your blood money from the gig in Tel Aviv(which is a far more worse crime than what you accused a genuine fan of). Little man what now indeed, meat is murder yes but for animals sake stop consuming diary products as well they are being exploited too. When those animals are no longer productive it's off to the slaughterhouse for them. I really am sick and tired of his hypocrisy and wearing his badge of vegetarianism as if it gives the man the moral loftly high ground. It's all a game to him, Reissue, repackage with a tacky badge!!!!!!!!!!!!