Four years ago I published GLIMMERS OF TWILIGHT, the memoirs of Joe Haines, former Press Secretary to Harold Wilson. A few months later I also published Bernard Donoughue's memoirs HEAT OF THE KITCHEN. Both books alleged that Marcia Falkender, Harold Wilson's political assistant, had had an affair with him. Francis Wheen then went on to write a screenplay called THE LAVENDER LIST which the BBC broadcast on BBC4 in 2005. Wheen is now furious, according to Christopher Silvester Independent, because the BBC has capitulated to Falkender after threats of legal action by the libel lawyers Carter Ruck. Not only has the BBC capitulated, they have have paid her £275,000 in damages and costs despite not even receiving a libel writ from Carter Ruck.
I remember at the time being very concerned about being sued for libel over the books and taking every possible precaution. Haines and Donoughue were both adamant they were right, so I prepared to publish and be damned. We heard not a squeak from Lady Falkender. The BBC refuses to tell Francis Wheen the details of their letter of apology to Lady F. I feel an FOI request coming on.
Private Eye famously called Carter Ruck's bluff many years ago. They were threatened with a libel action. Carter Ruck's letter demanded an apology and went on to say, "Our client's view as to our costs in the matter will be determined by the nature of your response."
ReplyDeleteRichard Ingrams replied, "Perhaps you would let us know what is your client's view on the question of costs when he learns that our response is as follows: Fuck off."
They heard nothing more.
Unfortunately, I can't remember the name of the person who was threatening to sue. Robert Maxwell perhaps? Can anyone remember?
I share the concern about the BBC's stance, but to claim that Haines and Donoughue claimed that Wilson and Falkender had an affair is incorrect. I read both books (they are very good) and neither asserts that there was an affair. Joe Haines writes that 'Whether Marcia was Wilson's mistress, however briefly, can never be known for an absolute certainty, because though she said she was, he said she wasn't. In the absence of a camera or witnesses, both impossible, the fact will always be in dispute' (p. 134). Bernard Donoughue makes a similar point in his book (pp. 226-7). Neither takes a position on the claims. Hence neither was legally vulnerable.
ReplyDelete£275,000 is a hell of a lot of money to pay out for NOT receiving a writ for libel. As this is the licence fee payers' money I think the BBC should explain their reasons for giving in so easily - certainly the letter of apology should be published. After all, surely they ran the screenplay by their legal department before broadcast - and if not, why not?
ReplyDeleteThe BBC isn't a private fiefdom, much as they seem to think it is.
What a loathsome organisation the BBC is! Today's Telegraph carries a story about Johnson Beharry VC. The BBC commissioned a 90 minute drama about his acts of heroism, but have now shelved the project "because [they] feared it would alienate audience members opposed to the war."
ReplyDelete"... she said she was, he said she wasn't..."
ReplyDeleteThis is up there with "'all Cretans are liars,' said the Cretan".
O/T a bit, but TB's Resignation List is making tongues wag in the North-East; word up there is that Milburn will collect a bit of ermine, and there will be a double by-election in Darlington and Sedgefield in September.
(Byers too, allegedly)
Sehr geEhrter Iain
ReplyDeleteI do not know what Lady F did or did not do, so many years ago
However, the English Legal System is a Shambles, in Defamation as in so many other areas
Why should Lady F be paid £275K (if she has indeed received this sum), even if the allegations about her & Mr W were to be true, when the Libel Laws can be used to intimidate & silence the Poor ("Ordinary Citizens)and the Poor receive no Protection, because they cannot afford the huge legal costs
When I studied Law at College (only a few years before you were born, he snarled enviously of your Youth) I was told that the purpose of the Laws of Libel was to ensure that Lies were not told
However, increasingly, the Cpourts ha ve activwely ensured that the Libel Laws' function has become to ensure that the Truth is NOT told
so that the Famous Rich can behave badly and (if the Truth of their Conduct be told) profit from huge damage awards
Isn't the answer to abolish the Laws of Defamation entirely, because they are so rotten, that they are beyond improvement, especially by this Government
I have the honour to remain your obedienet servant
und Alles Gute
G Eagle
Joe Haines is a liar as anyone who remembers his infamous biography of Bob Maxwell can attest - a more dishonest book has never been written.
ReplyDeleteMore fool the BBC for building a drama (not documentary) based on Haines' word.
Perhaps, in best Private Eye tradition, the BBC could refer to old Marcia as Lady F**kender in future?
ReplyDeleteSam Hoe