Law: All pumped up and nowhere to run

The press is likely to be the biggest loser as Christie takes on McVicar.

THE HIGH Court is an unlikely venue for a legal battle between John McVicar, once Britain's most wanted man, who is at the end of a libel writ issued by Linford Christie, Olympic gold medal-winner. The case, which opened this week, revolves around an article written by McVicar for a sports magazine called Spiked, with an estimated circulation of less than a thousand. This is the relevant part for libel lawyers who act for defendants - the lower the circulation, the lower the damage to reputation and therefore, of any potential damages award.

The article was headlined "How did Linford get so good" and is said to have raised the question of whether a number of top athletes, including Christie, had taken performance-enhancing drugs. The article was published in 1995, and the magazine is now defunct. It is understood that the publisher was originally sued by the athlete, but when he was killed in a car accident, Christie's lawyers applied for disclosure of the printers - Wiltshire (Bristol) Ltd- and distributors - Johnsons News and WH Smith - and is now suing them.

The case is sub judice but the issues it has raised have wider implications for the print media. As Debbie Ashenhurst, a partner at the media firm Olswang, part of the team who acted for the Guardian in the libel case brought by the former MP Jonathan Aitken,comments: "It has always been open to sue the printers and distributors of publications - plaintiffs usually do when they are looking for defendants with the deepest pockets."

Under the law, distributors have always had the defence of "innocent dissemination" and since the 1996 Defamation Act was introduced, there is a statutory defence to the same effect, and it is slightly wider. As McVicar's article was published before the Act, it is the common law that will apply. But it is still relatively rare to sue printers and distributors.

One of the most high-profile cases recently was in 1993 when the then prime minister, John Major, sued both the New Statesman and Scallywag magazine, as well as the former's printers and distributors, when various allegations were made about Mr Major's private life. In the end, the cases of Mr Major and Clare Latimer were settled out of court. David Hooper, a partner at Biddle, who acted for Mr Major comments that there are "going to be striking similarities with that case". That includes the same solicitor - David Price, of David Price & Co - who acted for Scallywag, and is now acting for McVicar.

As a general point, Mr Hooper considers defendants in such cases would have to have a prima facie case based on witness statements for the case to get to court. But what may happen - and this is a difficulty that the plaintiff has - is it might be sensible to drop the action if you get a suitable apology from the printers and publishers.

But that is not always worth it - the risk is that the defendants may still be awarded costs. The plaintiff potentially has a bit of a problem, although he or she will certainly have vindication, whether he or she can persuade the judge not to make an order for costs if the defendants have made suitable apologies and the judge considers there is no substance in the defence, all depends on what the evidence and witness statements contain.

The judge may think that until the matter is tried, he cannot form a view. But if Christie is successful, it will mean more work for the lawyers who advise the media. Mark Stephens, of Stephens Innocent, who is acting for the distributors, comments: "Christie is arguing that each of the 2,500 magazines [distributed by my client] should be read for libel, and if that is right, that has implications not only for the free distribution of the press, but also for the public because the costs would be prohibitive; and all but the most successful of magazines would cease to be carried. That is also a problem for specialist magazines because of the additional costs of having to be read for libel."

So it could be goodbye to Riveters and Bolters Weekly...