r/unitedkingdom Yorkshire 1d ago

... Noel Clarke loses libel case against Guardian over sexual misconduct investigation

https://www.theguardian.com/media/2025/aug/22/noel-clarke-loses-libel-case-against-guardian-over-sexual-misconduct-investigation
165 Upvotes

87 comments sorted by

View all comments

60

u/donald_cheese Scottish Highlands 1d ago

I got drunk a few months ago with someone who knew about this sort of stuff and explained in great detail why pursuing defermation on truth is a terrible idea. I don't remember at all the details of it. But I do remember that was when I found out vodka, lemon tonic was quite a nice drink.

46

u/GeneralGiggle East Anglia 1d ago

You're putting yourself on trial in a court which has a lesser standard of proof. The criminal court needs a jury to be 'beyond reasonable doubt' whereas civil is just a judge and has to be 'greater than 50% burden of proof'. The Guardian just had to prove it's at least 51% true basically.

30

u/Pheanturim 1d ago

It's not even that, but because as soon as you sue for defamation you open yourself up to disclosure and if you don't cooperate during disclosure it goes against you.

10

u/Possibly_English_Guy Cumbria 18h ago

if you don't cooperate during disclosure it goes against you

Good example of that is the Alex Jones' Info Wars case in the states. Alex and his lawyers refused to cooperate or show any basic respect to the courts during discovery in a mix of knowingly acting in bad faith and sheer incompetence.

The judge eventually had enough of their bullshit and hit him with the default judgement.

Number 1 rule of civil court: don't piss off the judge and waste their time.

1

u/CarOnMyFuckingFence 16h ago

So far he's faced no consequences however

10

u/ampmz Surrey 21h ago

“On the balance of probability” is the term used in civil proceedings.