was a 2015 judgment by the
Supreme Court of the United Kingdom that overturned an injunction preventing the publication of a memoir entitled ''Instrumental'' by concert pianist
James Rhodes.
Facts
James Rhodes' memoir is an account of the physical and sexual abuse he suffered as a young boy and his subsequent battles with drink, drugs and his own mental health. In February 2014 a draft of the book was leaked to Rhodes' ex-wife,
Kathleen Tessaro, who, in June 2014, sought an injunction on behalf of their son that would delete a large number of passages or prohibit publication entirely. The son has been diagnosed with
Asperger’s syndrome
Asperger syndrome (AS), also known as Asperger's, is a former neurodevelopmental disorder characterized by significant difficulties in social interaction and nonverbal communication, along with restricted and repetitive patterns of behavio ...
,
attention deficit hyperactivity order,
dyspraxia and
dysgraphia and evidence was adduced that publication in the present form would cause severe emotional distress and psychological harm.
Judgment
High Court
The application for an interim injunction was dismissed by Bean J in July 2014 on the basis that an action in tort under
''Wilkinson v Downton'' EWHC 1 (QB)">897EWHC 1 (QB) did not extend beyond false or threatening words.
Court of Appeal
Arden, Jackson and McFarlane LLJ granted an interim injunction on the grounds that liability under ''
Wilkinson v Downton
is an English tort law decision in which the Common Law first recognised the tort of intentional infliction of mental shock. At the time, this was not covered under the law of negligence.
Background
Thomas Wilkinson was the landlord of the Albi ...
'' can arise even if the statement is true.
Jackson LJ held that the rule is that the statement must be "unjustified and that the defendant intends to cause or is reckless about causing physical or psychiatric injury to the claimant."
Supreme Court
The Supreme Court held that the tort under ''
Wilkinson v Downton
is an English tort law decision in which the Common Law first recognised the tort of intentional infliction of mental shock. At the time, this was not covered under the law of negligence.
Background
Thomas Wilkinson was the landlord of the Albi ...
'' consists of three elements:
# A conduct element
# A mental element
# A consequence element
The conduct element requires "words or conduct directed towards the claimant for which there is no justification or reasonable excuse, and the burden of proof is on the claimant." In the present case the court placed great emphasis on
freedom of speech and held that "freedom to report the truth is a basic right to which the law gives a very high level of protection."
The mental element meanwhile requires an "intention to cause physical harm or severe mental or emotional distress". This overruled the Court of Appeal judgment that held recklessness to be sufficient. It was held that Rhodes did not intend to cause psychiatric harm or severe mental or emotional distress to his son.
The consequence element requires evidence of physical harm or recognised psychiatric illness but was not relevant in this case.
The court decided that the appeal should be allowed and ''Instrumental'' by
James Rhodes was published by
Canongate Books
Canongate Books (trading as Canongate) is an independent publishing firm based in Edinburgh, Scotland.
It is named after the Canongate area of the city. It is most recognised for publishing the Booker Prizewinner '' Life of Pi''. Canongate wa ...
as an
e-book
An ebook (short for electronic book), also known as an e-book or eBook, is a book publication made available in digital form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. Alt ...
on 25 May 2015 and a hardback edition was published on 28 May 2015.
Reaction
Stephen Fry
Stephen John Fry (born 24 August 1957) is an English actor, broadcaster, comedian, director and writer. He first came to prominence in the 1980s as one half of the comic double act Fry and Laurie, alongside Hugh Laurie, with the two starring ...
tweeted that the case represented "Victory at last for freedom of speech".
References
External links
Supreme Court judgment*http://www.jamesrhodes.tv/supreme-court-overturns-ban-on-memoir/
Video recording of the Supreme Court judgmentGuardian interview with James Rhodes{{Supreme Court of the United Kingdom
Supreme Court of the United Kingdom cases
2015 in United Kingdom case law
Freedom of speech in the United Kingdom