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Call my bluff

19 January 2018 / Sir Geoffrey Bindman KC
Issue: 7777 / Categories: Features , Defamation
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Geoffrey Bindman explains why deceiving the court is not a good idea

Those who are caught out by the media in embarrassing indiscretions may be tempted to deny everything and resort to bluff. Threatening to sue for libel is one way to stop the story spreading.

In 1971, when I was Private Eye’s solicitor, the editor, Richard Ingrams, contrived what became known as the ‘Arkell v Pressdram defence’ to bogus libel claims. Lord Goodman ended a typically pompous letter demanding redress from the Eye on behalf of an aggrieved Mr Arkell, an official of Granada Television, as follows: ‘His attitude to damages will be governed by the nature of your reply.’

Ingrams replied: ‘The nature of our reply is as follows: fuck off.’ Ingrams had the evidence that the Eye story about Arkell was true. The bluff went no further.

The sword of truth

But the stakes can be very high, and some prominent public figures have thrown caution to the winds by pursuing dishonest libel actions to trial.

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