Ibsey, on 04 May 2020 - 18:31, said:
The UK legal definition of defamation is explained at 1:16 into this video: https://www.youtube....h?v=9b38Vgn9HOo Moreover at 10:30 it explains what a claimant must prove. Nowhere within that video does it support your suggestion above.
I would find it unfair if the Chapman family had to prove a loss of income for their defamation case to go ahead against those documentary makers. Because what about people who aren't earning incomes for instance? Because either they are retired, unemployed or working for free. At 3:40 into that video it explains how Wills and Kate were defamated via Juxtaposition, and I'm no expert on the matter but don't think Wills and Kate earn an income. Us UK taxpayers look after that for them don't we? Thereby seemly disproving your suggestion.
Also worth noting Classic Team Lotus is run by Clive Chapman (and Fred Bushell when he was alive) so they could have shown a loss of income there or difficulties in running their business / maintaining a positive image etc. I certainly would have taken defamation action had I been the Chapman family or Bushell and felt that documentary was a hatchet job. So the question remains IMO why did the Chapman family / Bushell not do so?
My comment was correct as part of proving defamation -- Edit: clarifying, not "proving" so much as "winning" a defamation case -- at least in the laws of many nations.
See item 4 here:
https://www.law.corn.../wex/defamation
As far as the family not pursuing a case, I can tell you such proceeds can constitute Hell for the plaintiff. I say this as someone who spent over three years proving medical malpractice, only for deep corruption to intervene from those having endless pockets.
I see no actual motivation for Chapman's family to expose themselves to such proceedings when, as I said, there's little to be gained decades later.
It seems far more prudent to let the past stay as such, particularly when public memories are short and the perception of Colin being a hero is far more important than his being portrayed in any less-favorable light.
In other words, why bother?
Edit 2: Adding that I, too have enormous respect for Chapman, his achievements, and his contributions to racing. Regardless, the telecast has damning details that, if a pack of lies, make little sense to broadcast in common-sense terms.
I will add that a longtime banker friend was part of the Delorean drug smuggling case that occurred at about the same time. He literally risked his life to help prosecute Delorean from a money-laundering perspective, and I find it unlikely that anyone could do a substantial business deal with Delorean and be completely unaware of whom they were dealing with.
On a personal note, I find it impossible to support anyone whose achievements are later compromised by illicit activities. We have a term "Hero to Zero" here in the States, and for me many like Delorean fall straight into the Zero category.
At that point, at least for my ethics, any prior accomplishments mean absolutely nothing. Criminals should be forever remembered solely as that, and if not I find it disrespectful of every successful person who was honest and legal.
Edited by E1pix, 04 May 2020 - 19:56.