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McAlpine v Bercow

This is the judgment in McAlpine v Bercow. I always expected Sally Bercow to lose this case.

This is the key paragraph
The Defendant does not have any burden of proof in the issue I have to decide. She does not have to offer an alternative explanation of why a peer, whose name and career is known to few members of the public today, might have been trending on 4 November 2012 without her knowing why he was trending. But where the Defendant is telling her followers that she does not know why he is trending, and there is no alternative explanation for why this particular peer was being named in the tweets which produce the Trend, then it is reasonable to infer that he is trending because he fits the description of the unnamed abuser. I find the reader would infer that. The reader would reasonably infer that the Defendant had provided the last piece in the jigsaw.
This was a clear example of jigsaw identification.

THE TWEET
The Tweet reads:
"Why is Lord McAlpine trending? *Innocent face*"

Comments

Jake Maverick said…
really worth going to court over?

so where's the justice?

what can one infer from that....? anything? make something up presumably and probably not even bother to tell me? SOP

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