Tag Archives: Jimmy Savile

You Can’t Defame the Dead – Why the Savile Case Shows Mr MacAskill Shouldn’t Change the Rules

 

Jimmy Savile, during his life, was seen as a great character, with his charitable works, support for Stoke Mandeville Hospital, dream-fulfilling TV programme, remarkable personal fashion statements, and the cigars and easily mimicked catch phrases. “This is the Age of the Train” and “Clunk Click; Every Trip” are lodged in the minds of those of us who watched TV adverts, and Public Information films, in the 1970’s and early 1980’s.

Since his death, and especially since Newsnight decided not to run an investigation into allegations against him, his reputation has been destroyed, as a result of hundreds of accusations of sexual assault and child abuse. These are subject to active police inquiries just now, as well as potential civil litigation against the BBC, the NHS and the Savile estate for injury allegedly caused by him.

During his lifetime, Mr Savile was very keen to protect his reputation, and was not an infrequent visitor to the courts to obtain orders to protect his image. As recently as 2007 the Lawyer magazine reported that he obtained an order against the Sun newspaper in relation to allegations about his personal conduct. I suspect there are many more unreported instances. Continue reading

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Filed under Civil Law, Courts, Defamation, General Scots Law Rambling, Politics