Ragamuffin
Senior Member
- May 2, 2009
- 160
- 6
Solicitors
6 St Andrew Street
London EC4A 3AE
T 020 7353 5005
F 020 7353 5553
DX 333 Chancery Lane
www.carter-ruck.com
Press Release
Date: 30November 2012
Sarah Hermitage Libel DefenceUpheld
Silverdale Farm Blog Justified
At the High Court in London today, Mr Justice Bean delivered Judgment in favourof Sarah Hermitage, who had been sued for libel by the wealthy Tanzanian businessman, Reginald Mengi, the Executive Chairman of IPP Ltd, a company whichholds major newspaper and broadcasting interests in Tanzania.
Reginald Mengi sued in respect of five postings on SarahHermitages Silverdale Farm blog and two emails she had sent, which Mr Mengiclaimed to be false and defamatory of him. During the trial, the Court heardunchallenged evidence from Sarah Hermitage and her husband, Stewart Middleton,as to how they were by threats, intimidation and corruption driven fromTanzania and forced to abandon the investment they had made in their farm,Silverdale, of which Reginald Mengis younger brother, Benjamin, then took possession.
The Court was told that a major factor in the ordeal they suffered was the hostile and defamatory coverage their case received from the IPP-owned English language Guardian and the Swahili Nipashe. Reginald Mengi, in the course of his evidence, repeatedly stated that he wasnot responsible, not accountable and not answerable for the editorial content of IPP publications. In giving Judgment, Mr Justice Bean ruled:
I find that the campaign in the Guardian and Nipashe facilitated Benjamins corruptionof local officials and intimidation of the Middletons and thus helped Benjaminto destroy their investments and grab their properties; and that Mr [Reginald]Mengi, since he either encouraged or knowingly permitted the campaign, was inthat sense complicit in Benjamins corruption and intimidation. The allegationis thus substantially true, and justified at common law.
Following the handing down of theJudgment, Sarah Hermitage said today: I set up my Silverdale Farm blog in 2009 todocument our horrific experience in Tanzania, and to expose as a warning forothers the corruption we encountered and our helplessness with no protection from the local Courts and officials. As the Judge has found, my response to the campaign waged against us in IPP Publications was reasonable, proportionate, relevant and without malice. To find myself then sued for libel in my own country, facing a claim of legal costs of £300,000 from Mr Mengi before theproceedings had even started, was itself frightening and oppressive. I am relieved that, with the support of my legal team who were prepared to risk getting paid nothing at all under a nowin, no fee agreement, justice has in the end prevailed in this case. I also must thank the brave and honest Tanzanian journalists who either openly orprivately assisted in the preparation of our defence. I will continue to use my blog, my voice, to do all I can to fight against the corruption I have seen first hand in Tanzania, not least in the hope that it may in the end help the very good people, not least our loyal staff, who have stood by us throughout.
After handing down judgment MrJustice Bean ordered that Reginald Mengi should pay the defence costs at thehigher indemnity rate. In reaching this decision, the factors cited by the Judge included that Counsel for Sarah Hermitage had rightly described thelitigation as oppressive, that enormous costs had been thrown at the case from the beginning, indeed before the issue of proceedings and that the evidence of the Claimant and his witnesses had in a number of respects been misleading and untrue.
Mr Justice Bean ordered thatReginald Mengi should pay £1.2million on account of Sarah Hermitages legal costs, which will be subject to detailed assessment by the court in due course.
Enquiries to: Andrew Stephenson, Carter-Ruck, Tel: 0207353 5005
I wonder how long this posting will last before it is closed down again?:israel:
6 St Andrew Street
London EC4A 3AE
T 020 7353 5005
F 020 7353 5553
DX 333 Chancery Lane
www.carter-ruck.com
Press Release
Date: 30November 2012
Sarah Hermitage Libel DefenceUpheld
Silverdale Farm Blog Justified
At the High Court in London today, Mr Justice Bean delivered Judgment in favourof Sarah Hermitage, who had been sued for libel by the wealthy Tanzanian businessman, Reginald Mengi, the Executive Chairman of IPP Ltd, a company whichholds major newspaper and broadcasting interests in Tanzania.
Reginald Mengi sued in respect of five postings on SarahHermitages Silverdale Farm blog and two emails she had sent, which Mr Mengiclaimed to be false and defamatory of him. During the trial, the Court heardunchallenged evidence from Sarah Hermitage and her husband, Stewart Middleton,as to how they were by threats, intimidation and corruption driven fromTanzania and forced to abandon the investment they had made in their farm,Silverdale, of which Reginald Mengis younger brother, Benjamin, then took possession.
The Court was told that a major factor in the ordeal they suffered was the hostile and defamatory coverage their case received from the IPP-owned English language Guardian and the Swahili Nipashe. Reginald Mengi, in the course of his evidence, repeatedly stated that he wasnot responsible, not accountable and not answerable for the editorial content of IPP publications. In giving Judgment, Mr Justice Bean ruled:
I find that the campaign in the Guardian and Nipashe facilitated Benjamins corruptionof local officials and intimidation of the Middletons and thus helped Benjaminto destroy their investments and grab their properties; and that Mr [Reginald]Mengi, since he either encouraged or knowingly permitted the campaign, was inthat sense complicit in Benjamins corruption and intimidation. The allegationis thus substantially true, and justified at common law.
Following the handing down of theJudgment, Sarah Hermitage said today: I set up my Silverdale Farm blog in 2009 todocument our horrific experience in Tanzania, and to expose as a warning forothers the corruption we encountered and our helplessness with no protection from the local Courts and officials. As the Judge has found, my response to the campaign waged against us in IPP Publications was reasonable, proportionate, relevant and without malice. To find myself then sued for libel in my own country, facing a claim of legal costs of £300,000 from Mr Mengi before theproceedings had even started, was itself frightening and oppressive. I am relieved that, with the support of my legal team who were prepared to risk getting paid nothing at all under a nowin, no fee agreement, justice has in the end prevailed in this case. I also must thank the brave and honest Tanzanian journalists who either openly orprivately assisted in the preparation of our defence. I will continue to use my blog, my voice, to do all I can to fight against the corruption I have seen first hand in Tanzania, not least in the hope that it may in the end help the very good people, not least our loyal staff, who have stood by us throughout.
After handing down judgment MrJustice Bean ordered that Reginald Mengi should pay the defence costs at thehigher indemnity rate. In reaching this decision, the factors cited by the Judge included that Counsel for Sarah Hermitage had rightly described thelitigation as oppressive, that enormous costs had been thrown at the case from the beginning, indeed before the issue of proceedings and that the evidence of the Claimant and his witnesses had in a number of respects been misleading and untrue.
Mr Justice Bean ordered thatReginald Mengi should pay £1.2million on account of Sarah Hermitages legal costs, which will be subject to detailed assessment by the court in due course.
Enquiries to: Andrew Stephenson, Carter-Ruck, Tel: 0207353 5005
I wonder how long this posting will last before it is closed down again?:israel:
