Crash.Net User: Googolplex

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Googolplex

January 25, 2015 12:25 PM
Last Edited 58 days ago

F1 » F1: Streiff apologises as FIA legal action looms


Richard, Are you a lawyer? Have you run a defamation action? I have said nothing to suggest that what was said was not defamatory. The reasons for the advice to sue can be many and involve complex considerations. I do not doubt the quality of the lawyers acting for the FIA. I am simply seeking to add to the discussion the very real factor that people with limited funds will often capitulate as a result of the costs involved in becoming embroiled in defamation litigation. These cases can run for years and the client must fund it as it goes. If they win, then down the track they will usually recover a proportion of their costs, but rarely an indemnity for all their costs.

Googolplex

January 24, 2015 5:20 PM

F1 » F1: Streiff apologises as FIA legal action looms


Streiff was almost certainly told by his lawyers to either publicly apologise and retract the statements or be prepared to prove in Court the allegations he made were true. The cost of the latter being a very expensive option even if he could do it. The apology effectively reduces any damages award to something nominal. Highly unlikely they will bother to take action against him now. They have made their point.

Googolplex

January 25, 2015 12:39 PM
Last Edited 60 days ago

F1 » F1: Streiff apologises as FIA legal action looms


Richard, I ask you to read my response to Sunny again. You will note that I have not joined issue with Sunny on the large majority of what he has said. All I am pointing out is that it is not accurate to assert that the winner of a defamation case will recover all their costs. If you have any doubt about that, I suggest you speak to any competent defamation lawyer. PS, I do not want to enter into another unfriendly exchange with you and have been optimistic that our recent exchanges have been reasonably positive. Also, I have always felt that I have had robust but mutually friendly exchanges with Sunny, whose views I respect and am very reticent to disagree with.

Googolplex

January 25, 2015 11:52 AM
Last Edited 61 days ago

F1 » F1: Streiff apologises as FIA legal action looms


107SS2009:
Googolplex: Streiff was almost certainly told by his lawyers to either publicly apologise and retract the statements or be prepared to prove in Court the allegations he made were true. The cost of the latter being a very expensive option even if he could do it. The apology effectively reduces any damages award to something nominal. Highly unlikely they will bother to take action against him now. They have made their point.
When one is accused in a court of defamation and he proves to said court that what he said is correct and facts any expenses he would have undertaken will be borne by the accuser.
Sunny, I have been practicing law for some 30 years including running numerous defamation cases. Your view about how costs are awarded and the costs risks involved does not recognise the distinction between party party costs and solicitor client costs. Everything else you have said on this topic I agree with.

Googolplex

January 22, 2015 9:53 PM

F1 » F1: FIA pursues legal action over Streiff's Bianchi comments


I had not heard of Streiff's comments and opinions until the news of the defamation action came out. Suiing for defamation can often be a double edged sword because it almost guarantees the defamatory material is widely circulated. I query whether there is any utility to bringing such an action. It is often better just to publish a rebuttal of the allegations saying they are without foundation. There seems to be a high degree of sensitivity on the part of the FIA here.


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