was a 2015 judgment by the

Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases ...

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, attention deficit hyperactivity order,

dyspraxia Developmental coordination disorder (DCD), also known as developmental motor coordination disorder, developmental dyspraxia, or simply dyspraxia (from Ancient Greek ''praxis'' 'activity'), is a neurodevelopmental disorder characterized by impair ...

and

dysgraphia Dysgraphia is a neurological disorder and learning disability that concerns impairments in written expression, which affects the ability to write, primarily handwriting, but also coherence. It is a specific learning disability (SLD) as well as a ...

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'' 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'' 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'' 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 Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...

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 Prize winning novel '' Life of Pi'' (2001 ...

as an

e-book An ebook (short for electronic book), also spelled as e-book or eBook, is a book publication made available in electronic form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. Al ...

on 25 May 2015 and a hardback edition was published on 28 May 2015. James rhodes pianist

Reaction

Stephen Fry Sir Stephen John Fry (born 24 August 1957) is an English actor, broadcaster, comedian, director, narrator and writer. He came to prominence as a member of the comic act Fry and Laurie alongside Hugh Laurie, with the two starring in ''A Bit of ...

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