Tony Sidaway wrote:
Ray Saintonge said:
If both parties fail to appear the case
would be dismissed for lack of prosecution.
Yes, he'd need to retain and brief counsel to prepare and present a pro
forma complaint alongside evidence to satisfy the court. He'd have to
ensure that the defendant was served. He wouldn't have to show up in
court.
Presumably in those circumstances copies of the paper "evidence" would
also be delivered to the defendant, who would have the right to
cross-examine, or raise objections that some of the evidence is
inadmissible. Many Wikipedians do not edit under their own names. What
standards of evidence do the British courts follow when the defence is
simply, "It wasn't I who said that." The burden of proof lies with the
plaintiff, and someone needs to accept responsibility for the costs to a
defendant who has been misidentified.
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