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10 October 2025 / Nicholas Dobson
Issue: 8134 / Categories: Features , Defamation , Libel , Media
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Sticks & stones

231931
Defamation matters, but claimants need to prove they have suffered serious reputational harm: Nicholas Dobson
  • In Hegab v The Spectator (1828) Ltd, an article published in The Spectator was found to be defamatory of the claimant at common law.
  • But the court found that it caused no serious harm to the claimant’s reputation, and was in any event substantially true and not materially inaccurate.

‘Sticks and stones may break my bones, but words will never hurt me’ was once a common riposte by children expressing apparent indifference to taunts, insults and verbal abuse. As the Oxford English Dictionary (OED) noted from the Christian Recorder of 22 March 1862: ‘Remember the old adage… True courage consists in doing what is right, despite the jeers and sneers of our companions.’

But if the old maxim is still used in the dangerous age of cancel culture—where even careful talk can cost livelihoods—defamation (with its long history, going back at least to the Statute of Westminster 1275) remains alive and well, giving authors pause for thought. For if ‘fame’ can mean ‘reputation’

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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