MR JUSTICE WARBY
Approved Judgment
NT1 & NT2 v Google LLC
(1)
NT1 made clear that he did not accept every finding of the sentencing Judge.
He attempted twice to persuade me that the Judge’s findings about his role in
Alpha were mistaken, using the same unmeritorious argument on both
occasions. First, he said that the Judge had never heard from him, and so “I
never had the opportunity” to present to the court “anything to contradict the
judge’s impression”. It was, naturally enough, pointed out to him that he had
had every opportunity to explain, but had chosen not to give evidence. He
appeared to accept that. But when another of the Judge’s observations about
his role was put to him a little later, he denied it was correct and said: “… I
would remind you, my Lord, of my previous comment, that neither myself nor
[Fitzgerald] gave evidence during the trial and, therefore, the judge’s
conclusion is somewhat subjective.” This is a most unattractive line to take,
and I disagree with the claimant’s assessment of the Judge’s findings. They
were based on the evidence given at the trial over which he presided. They are
consistent with evidence that has been adduced in this trial, and I consider
them to be reliable.
(2)
NT1 also sought to persuade me that the Court of Appeal had taken a mistaken
view of the settlement with the Inland Revenue, and that the sum paid had
represented the full amount of the tax which the Revenue considered had been
evaded. He described the calculation adopted by the Court as “subjective”.
That was in my judgment an untenable position, given the conclusions of the
Court and the facts recorded in the Court of Appeal judgment. The attempt to
quarrel with this part of the reasoned judgment of the Court of Appeal (on
other aspects of which he seeks to rely) was, in my view, another illustration
of an obstinate tendency on NT1’s part to reject adverse Court findings,
however well-founded.
Assessment of the six complaints
93.
For the following reasons, and further reasons given in detail in the Private Judgment,
I reject all six complaints of inaccuracy.
(1)
The main complaint is that the headline of the First Article suggested that the
claimant had been convicted of the second conspiracy. The Amended Defence
admitted this alleged inaccuracy but asserted it was immaterial. In his written
opening, Mr White argued that position on the basis that the offence of which
NT1 was convicted was “very closely connected” to the other offending, and
so serious that “the said inaccuracies would have no greater adverse impact on
the claimant’s reputation than the true facts summarised in the” URLs. That
argument is redolent of the somewhat complex statutory provisions of s 2(3) of
the Defamation Act 2013, and I would have had to think hard before accepting
it. In oral argument and in closing, however, Mr White put his client’s case
rather differently, submitting that this article is not capable of bearing the
meaning complained of, and that (having regard to the s 4(2) order postponing
reporting) the First Article was “a classic contemporary court report”. I
broadly agree with that. The claimant’s argument depends on taking the
headline out of context in a way that is contrary to principle. Even if that was
wrong, I would still not exercise my discretion to grant an order for the
blocking or erasure of the URLs on this ground alone. The most that could be
justified, assuming either to be practicable, would be a limited order for