Sunday, February 1, 2009
Under English law, a plaintiff suing for defamation need prove only that the material is defamatory -- the burden of proof then shifts to the defendant, who must justify the publication (usually on grounds of truth or fairness). This different burden of proof from defamation law in the United States and the ability to win large default judgments in the United Kingdom has led some to claim we're now seeing "libel tourism." Read more about it in an article from the Economist Magazine.
Hat tip to Nickolay Ouzonov, one of our U.S. lawyer blog readers in Bulgaria.