Cadwalladr’s legal team confirmed on Saturday, however, that the fight was not over, revealing that they would be taking the case to Strasbourg.
Gavin Millar KC said: “Carole established that over 90% of the publications Banks sued on were lawful public interest speech. So her lawyers believe the order for her to pay 60% of Banks’ costs was a penalty which violated her right to journalistic freedom of expression under article 10 [of the European Convention on Human Rights]. We will seek a ruling to this effect from the European Court of Human Rights.”
She didn’t even have to pay all the costs! And she also lost.
The point about costs is not that they should be a punishment. But why should Banks be out of pocket for defending himself against libel? That is the actual point here. So some journo libels someone. Hmm, OK, happens, sometimes by mistake and so on. Why should that person libelled lose money in trying to get the journo to admit the libel and restore their reputation? That’s the question the Carole supporters have to answer.