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Rayno Benjamin's sneaky trip gets cautioned before he commits a blooper of note

I would guess that the word "caution" has a very clear meaning for both participants in a conversation between the referee and the TMO of a professional rugby game in South Africa, both of whom are likely to be very familiar with the laws of the game!

2 Years, 2 Days ago

Toulon play the France '98 FIFA WC squad in Half Football, Half Rugby charity game

Even in a charity match, Delon Armitage does something that makes you want to punch him!

2 Years, 3 Weeks ago

Michael Hooper cited for off the ball punch against Argentina

I clicked on the "View Video" link expecting to see Stroudos fuming silently for 5 minutes.


2 Years, 3 Weeks ago

Craig Joubert carding Jacques Potgieter riles commentator Phil Kearns

Word limit reached!

Not much more to add, other than the TV channel would obviously argue that, even with respect to the statements made on air, such comments are not what pundits and commentators are hired for and therefore shouldn't be considered to be made in the normal course of employment.

Sorry if I've bored you, but I took your last comment very literally!

Any more knowledgeable lawyers feel free to correct me (but maybe we can take it offline!)

2 Years, 1 Month ago

Craig Joubert carding Jacques Potgieter riles commentator Phil Kearns

I am a lawyer, but not a defamation lawyer (so this does NOT constitute legal advice to Joubert, Kearns or anyone else!).

Anyone who just wants rugby discussion, stop reading!

This could form the basis of a good law school exam question! There are already jurisdiction issues, a questionable cause of action, a plausible defence and potential vicarious liability. You could tag on a breach of contract claim by the TV channel against Kearns. Oh, how I long for those university days of boozing and chasing tail...

Assuming English defamation law applied (which would be unlikely given recent changes to restrict defamation tourists coming to London), Joubert would have to show any statement complained of caused "serious harm" to his reputation and lowered Joubert in the estimation of reasonable members of society (or something like that). A statement that he has had a "shocker" could be interpreted as suggesting he is not fit to do his job. Saying that he handed the All Blacks the World Cup could be interpreted as an allegation of cheating or other wrongdoing. So he probably has a case.

Kearns would likely use the defence of honest opinion (which in broad terms replaced the defence of fair comment). I'm not sure of the ins and outs of the defence, but if a reasonable person could have held the same opinion based on facts existing at the time the statement was made, then I think he would have a case. Not having access to everything that he said or wrote, it's difficult to know whether he could satisfy other requirements of the defence.

Assuming a court found one or more statements defamatory, the TV channel could be held vicariously liable if it could be shown that Kearns was an employee (which would require analysis of his contractual position) and that the tort was committed in the normal course of his employment. The TV channel would clearly try to distinguish between the comments made on air and those made in a personal capacity in the following days.

2 Years, 1 Month ago

Incredible backflip pass by Nathan Friend leads to great Rugby League Try

Looks like Russell Brand after a couple of decent meals and a few gym sessions.

2 Years, 1 Month ago

Five classic underdog tries at the Rugby World Cup

Glaring omission.

2 Years, 1 Month ago

Israel Folau's 2015 Video Tribute as he agrees to new three year ARU contract

I thought the ARU had only recently relaxed their selection rules to allow for players playing outside Australia to be eligible as long as they had 60 or more caps.

Above it says that Folau will still be eligible for selection even while playing in Japan. Is this just an exception to the (relaxed) rule for a supremely talented player? Sort of like having an "exceptional circumstances" concept and acknowledging that they already exist. Or is it because he is locked into union for three years so they allow him to go and play where he wants?

2 Years, 1 Month ago

Mic'd up league forward Ashton Sims is one fearless, inspiring leader

The guy is like Triple H, just bigger!

2 Years, 1 Month ago

Henry Speight banned for five weeks for dangerous flip on Juan de Jongh

There was a point a few years back where about 90% of each highlights reel of a 6 Nations game was made up of those lingering close-ups you seem so fond of. You wonder who reviews the final product and thinks "Yep, this is what the fans want to see."

2 Years, 1 Month ago