Stating the obvious

Friday 20 April 2012 by Jonathan Rayner

Here’s a worthwhile research project: what would you do with £12m? A vineyard in France, with an Aston Martin in the garage? Or would you spend it on a piece of research that concludes, surely to nobody’s surprise, that the law is not the best instrument to settle disputes about religious freedom and equality?

That’s a no-brainer, Mr Rayner, my imaginary audience choruses.

But is it really a no-brainer? Apologists for apparently pointless research claim that even the most speculative projects sometimes produce gold dust. They point to penicillin, the medicinal properties of which were discovered quite by chance. The same serendipity applies to such established scientific theories as relativity and evolution, apparently.

Now don’t hold your breath, but linguists everywhere are hoping that research published in 2007 revealing that rats can’t always tell the difference between Japanese spoken backwards and Dutch spoken backwards might also take its place in the roll call of findings that changed the world.

Scientists are similarly optimistic about 2003 research into pressures generated when penguins have bowel movements, not to mention the 2006 finding that malaria mosquitoes are as attracted to human foot odour as they are to Germany’s famously smelly Limburger cheese.

There are even annual prizes for improbable research projects. These are called the Ig Nobel (‘ignoble’ - geddit?) Prizes and the next awards ceremony is on 20 September this year.

On past Ig Nobel performances, these projects add immeasurably to human knowledge. In 2011, for instance, an international team of European researchers was honoured for a study showing that there was no evidence for contagious yawning in red-footed tortoises.

Two years earlier, a Dr Elena Bodnar won a prize for inventing a brassiere that quickly converts into two protective facemasks. And then there was the 1996 prize-winning structured theory of procrastination and the 1983 discovery that a certain kind of beetle mates with a certain kind of Australian beer bottle.

Or maybe you would prefer the Ig Nobel Peace Prize-winning Lithuanian mayor, who demonstrated on video that the problem of illegally parked luxury cars could be easily solved by running them over with an armoured combat vehicle.

But as I’m sure some research somewhere revealed to a startled world, bloggers frequently digress - and I am no exception. Let’s get back to that research about the law and religion.

The press release, headlined Law can't resolve religious disputes, say legal experts, reports that two ‘leading scholars of law and religion’ claim that, according to their research findings, most disputes about religious freedom and equality are best solved out of court. They call for ‘common sense, respect and restraint’ when dealing with such disputes.

One of the leading scholars, Kings College London law professor Maleiha Malik, says freedom of religion does not exempt people from behaving with respect towards those with whom they disagree, ‘including gay people’.

Freedom of expression should not be used as an excuse to insult religious people, the other leading scholar, Newcastle University emeritus professor of political philosophy says.

This research, which many would say states the bleedin’ obvious, was supported by the £12m ‘Religion and Society Programme’, which is funded by the UK’s Arts and Humanities Research Council and the Economic and Social Research Council.

Perhaps the press release was written in a hurry, which is why the research findings sound so facile: don’t behave disrespectfully to gay people, don’t use religion to justify insulting others. But at least programme director Linda Woodhead speaks sense. Equality law and appeals to freedom are being hijacked by the aggressive fringes of religion and secularism to fight their ideological battles, she says.

‘These groups don't represent the majority of religious and non-religious people. Yet a string of recent cases, often pushed by campaign groups, has created a needless sense of polarisation in society. We're descending into a politics of mutual loathing and self-righteous indignation, and issues which could be solved with a bit of common sense and mutual respect are becoming unnecessarily divisive,’ she says.

That quote alone should be enough to disqualify this particular piece of research from the Ig Nobel Prize 2012.

So my money for a prize, particularly in the light of the forthcoming local government elections, is on this month’s research showing that democracies would be better off if citizens chose some of their politicians at random. Apparently, the scientists made a simple calculation model that mimics the way modern parliaments work, including the effects of particular political parties or coalitions…

Comments

Religious disputes

'Equality law and appeals to freedom are being hijacked by the aggressive fringes of religion and secularism to fight their ideological battles, she says.

‘These groups don't represent the majority of religious and non-religious people. Yet a string of recent cases, often pushed by campaign groups, has created a needless sense of polarisation in society. We're descending into a politics of mutual loathing and self-righteous indignation, and issues which could be solved with a bit of common sense and mutual respect are becoming unnecessarily divisive,’ she says.

I completely agree with the above.

Two very recent examples of this spring to mind here.

First was the case of an author of a book promoting religion who sued someone for libel for calling him a 'creationist' amongst other uncomplimentary remarks about him and his book. The claimant had used fake IDs on a website to post positive reviews about his own book and objected when the defendant outed him for this behaviour and for his subsequent remarks which were clearly his opinion.

The judge seems to have made a bit of a meal of the judgement but it was thrown out and the claimant ordered to pay 75k. Justice served but so wasteful.

http://www.bailii.org/ew/cases/EWHC/QB/2012/B3.html

However, on the other side of the coin is the case which someone brought to the High Court to prevent councillors in one town from carrying out their traditional prayers before council meetings.

News article here but this was well publicised at the time:

http://www.telegraph.co.uk/news/religion/9074872/High-Court-council-prayers-ruling-an-attack-on-centuries-old-Christian-traditions.html

Yes - perhaps the practice might be considered unnecessary and outdated but it was nevertheless a harmless tradition which had stood for many years. This country has many traditions and ceremonies which might be a little odd to some but in many ways this is what makes us unique and the envy of others. Another case which was a complete waste of time and money brought by a fringe group of secularists who in no way represent the majority of non believers.

So, in the first case these secularists and atheists would (and did) defend the defendant's right to free speech but in the second example no doubt under the banner of equality, would prevent others from the freedom to follow a long standing custom.

Is it me - or has the world gone mad lately? Whatever happened to a bit of give and take and tolerance for the views of others?

(My fan club of LSG solicitors need not answer that!!)

"The judge seems to have made

"The judge seems to have made a bit of a meal of the judgement but it was thrown out and the claimant ordered to pay 75k. Justice served but so wasteful."

Actually, the defamation complained of included (and includes - a cursory search on google will find you a re-posting of some of the material) his home address and mobile number, names of his children and various other comments (which I shall not repeat here as I do not wish to defame the guy myself!).

The net result was that claims against Amazon as a website hosting company failed, claims against the UK sister company of a US website hosting company failed, and some claims against Mr Jones - the poster of the online abuse - failed.

Some claims against Mr Jones did not fail, but were seen by the court as not needing to be determined one way or the other, and the claim for an injunction against Mr Jones was allowed to continue.

The judgment you quoted does not deal with costs, so I do not know where you got the costs figure from.

Much of the reason for the failures, and the wasted costs, was probably the lack of legal advice. Proper legal advice would have enabled the claimant to identify the good points, disregard the bad points and pursue the matter to acheiving an effective remedy at the outset (when the costs would not have escalated as much).

Of course in the context of on-line internet abuse, you, Kelly Matthews, have made your position clear numerous times in the past - you don't think the recipients of the abuse should be allowed to obtain legal advice or representation.

So quite clearly, this sort of thing is going to increase and be seen more and more, and if you had your way, it would grow exponentially.

NB For the record I do not think either of the protagonists were any better than the other, Mr Mr McGrath obviously took actions which did not throw him in a particularly good light.

"Actually, the defamation

"Actually, the defamation complained of included (and includes - a cursory search on google will find you a re-posting of some of the material) his home address and mobile number, names of his children and various other comments (which I shall not repeat here as I do not wish to defame the guy myself!)."

Strange, nothing in the Judgment said anything about his home address or mobile phone being posted.

Didn't say it did. What I

Didn't say it did. What I said is that the postings which the Claimant complained of included that information.

The key part of the judgment reads as follows:-

"As to the above allegation concerning the university course, both the 2nd and 4th Defendants have offered undertakings to the Court not to repeat that allegation, and in those circumstances no useful purpose would be served by pursuing the claim against either of them for injunctive relief in that respect. That is an end of the claim against the 2nd Defendant.

The 4th Defendant has not offered any undertakings in respect of the above allegations published by him on Amazon (for which the 3rd Defendant is not liable). Further, it appears likely, given his apparent hostility to the 1st Claimant, and the fact that he has recently made further internet publications concerning this case, that he wishes to continue his campaign of criticism of the 1st Claimant (as may be his right).

In these circumstances, unless such undertakings are offered, his application for summary judgment will be allowed only in part, and the action will continue against him alone for the purpose of injunctive relief against republication of those allegations. [At the handing-down of judgment the 4th Defendant indicated that he was reconsidering the question of undertakings and I have granted time for him and C to consider this further.]"

So the 4th Defendant has "hostility" to the 1st Claimant, and appears to wish to "continue his campaign of criticism of the 1st Claimant." This may be something he is entitled to do, according to the judge, but despite that, the judge allowed the action to continue.

That means there is (or was at the time) a case to answer that the 4th Defendant did unlawfully libel the 1st Claimant.

Undertakings

My understanding is that some undertakings were given.

But make no mistake - no judge, undertakings or not would allow this to go far. As I said before, the judge who made the decision made a complete meal of it. It was a silly two way spat which ended up where it was because someone decided to get litigious - and not for the first time if you look at his record.

The judge should have done what Eady J and other senior judges did on another similar case -

1) Declare the claim nonsense
2) Literally laugh the appeal out of court. (I hear only the claimant in the other case was the only one in court to keep a straight face)

I know you are in the

I know you are in the insurance industry, but with the quality of thinking, the detailed thought process, the consideration for precedent and procedure, and your ability to see both sides of the argument, I would have thought there's a Circuit Judge's seat just waiting for you! You'd fit right in!

Thanks Domcoop.

Does that mean I get to wear a wig too?

Just to impress you even more, I think for this charity legal walk we're going on soon I'll get fully measured up and kitted out with all the gear.

Back to the article

By the way - I know it may seem I have digressed away from the point of the article but I guess the point that might be drawn is that if people used their common sense a little more, there would be no need for 'pointless' and expensive research.

Sorry, the religious research

Sorry, the religious research most certainly does qualify as stating the obvious. Another piece of "academic research" whose only utility was to ensure payment for the authors.

You may well be right

You may well be right about that - I have not read the research.

But if you consider and count up the costs of the two cases I mentioned and all the others that end up in court, then perhaps anything that highlights these absurdities is not a complete waste of money.

Perhaps next time they could ask me to carry out their research and write the findings. I did not have a university education and charge competitive hourly rates.

McGrath V others

Domcoop

For a cursory search you have actually managed to get a reasonable grip on some of the issues. Therefore I will briefly respond to a couple of your points which I would disagree with.

Overall I think you have been a little generous to the claimant here. In my opinion no lawyer would have found sufficient good points for this to be realistically taken much further forward as a libel case. Obviously I would accept that if the claimant had taken legal advice at the outset, he would have been told in no uncertain terms the case was pants and to kiss and make up.

Anyway - concerning the merits, the judge basically identified any good points for the claimant himself and spent 4 months following the hearing writing up the judgement. So, it was not as if some points of merit were overlooked later on because of a lack of representation. It was much the same in Smith V ADVFN. The defendants had no representation but Eady J identified all the relevant points for them in a clear and concise judgement. In fact, I might go as far to say that not having representation in a libel case is better in some cases when you see the allowances LIPs are given. Anyway my overall view is the result was right but the judge was too indulging of the complaints and really should have cut through all the nonsense as it was clear to anyone in court it was a non starter.

As for the mentioning kids names etc this was just another two way online spat which got out of hand. The claimant was publicising a book and did not like the reviews he was receiving. There is a saying - if you don't like the heat - get out of the kitchen. Or perhaps in this case - get off the internet.