Just read this thread for the first time so apologies for going back over some old stuff:
Criticising the lawyers for taking the case.
They don’t really have a choice, and rightly so. No one should be excluded from accessing legal remedy because a lawyers opinion is that they don’t deserve it. If a barrister could refuse to take a brief because they think a WAG doesn’t deserve to be protected from libel, then what about if they object to someone’s politics? Or their sexual orientation? Or their skin colour? The elephant in the room of course is that while being a gay, black Marxist won’t stop you getting a barrister to represent you, not having hundreds of thousands of pounds available will. But if you can afford it and your claim / defence isn’t nonsense then you can and should be able to get representation.
The financial barrier also affects cases even when they could be afforded: received a claim at work that we felt could be successfully defended and lawyers agreed, they were “highly confident” which is as close as you’ll get from a lawyer to saying “nailed on.” They also told us it would cost us a minimum £80k. We had the money for that so we could have fought it. The claimant was willing to settle for £20k. We settled.
Why did Rooney have prove it was Vardy personally when the accusation referred to “her account?”
This is based around what used to be referred to as “the man on the Clapham omnibus” – what would a reasonable person, without specialist knowledge, understand something to mean. There was a previous hearing that determined that a reasonable person would take it as accusing the person. Both sides made their arguments and Rooney lost that one. I’ve not read the ruling but from what was reported, factors were:
“Celebs” do often / usually have “people” managing their social media accounts to a greater or lesser extent. This is known by some people, but it was a point of argument as how widely this would be apparent to a normal person.
That’s far from a given, and many famous people do run their accounts personally.
Even where accounts are ‘managed’ that is often not transparent and output is presented as though it is personal.
This involved Vardy’s private account, not her public facing one, so even for those savvy enough to realise that famous people have others doing their social media, it might be reasonable to expect that this would be much less likely to be case for a personal “friends and family” account.
It was NOT about Vardy being responsible for things done in her name as some have suggested. Indeed Vardy’s argument was essentially that her agent had acted without her knowledge. Her case did not fail because that isn’t valid. If she’d persuaded the court that this is what had happened, she’d have won. She lost because the judge determined that it was bullshit.