Case Law: Spicer v Commissioner of Police for the Metropolis, Headlines must be read in context – Oscar Davies

15 06 2019

In the case of Spicer v Commissioner of Police of the Metropolis [2019] EWHC 1439 (QB) Warby J held that an article’s headline, however defamatory, must be read in context, with the text of the article, in order to arrive at the natural and ordinary meaning. The judgment provides a useful exposition of the ‘bane and antidote’ principle. Read the rest of this entry »





Case Law: Serafin v Malkiewicz, Public Interest Defence Considered Again, And Judicial Unfairness – Samuel Rowe

14 06 2019

On 17 May 2019, the Court of Appeal handed down its decision in Serafin v Malkiewicz & Ors ([2019] EWCA Civ 852).  The appeal concerned, amongst other things, the correct application of the ‘public interest’ defence under s.4 of the Defamation Act 2013. Read the rest of this entry »





Case Law: Lachaux v Independent Print, Supreme Court abolished common law presumption of damage in libel cases – Mathilde Groppo

13 06 2019

The Supreme Court yesterday handed down its long awaited judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27. As predicted by various commentators  giving a preview of the case (including in my previous post), the five Supreme Court judges (Lord Kerr, Lord Wilson, Lord Sumption, Lord Hodge and Lord Briggs) clarified the applicable law, but unanimously dismissed the appeals against the Court of Appeal decision ([2017] EWCA Civ 1334) on the facts. Read the rest of this entry »





News: Lachaux v Independent Print, Supreme Court dismisses appeal but restores Judge’s analysis of “serious harm”

12 06 2019

The Supreme Court today handed down its long awaited judgment in the case of Lachaux v Independent Print ([2019] UKSC 27).  The appeal was dismissed on the facts but the Court overturned the Court of Appeal’s interpretation of the “serious harm” test in s.1(1) of the Defamation Act 2013, preferring the analysis of Warby J at first instance. Read the rest of this entry »





Defamation claims in 2018 up by 70%, the highest number for nine years, will Lachaux reverse the trend?

11 06 2019

In advance of tomorrow’s eagerly awaited Supreme Court “serious harm” decision in Lachaux v Independent Print, the 2018 Judicial Statistics show, for the second year running, a substantial increase in the number of issued defamation claims. Read the rest of this entry »





Media and Law Cases: Trinity Term Preview [Updated]

11 06 2019

The Trinity Legal Term began on Tuesday 4 June 2019 and ends on Wednesday 31 July 2019. This post deals with the media law cases listed for this term and cases in which decisions are awaited. Read the rest of this entry »





Law and Media Round Up – 10 June 2019

10 06 2019

The Trinity Legal Term began last Tuesday 4 June 2019.  The first full week of term will see the hand down on Wednesday 12 June 2019 by the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge, and Briggs) of its long awaited judgment in the “serious harm” case of Lachaux v Independent Print. Read the rest of this entry »





Australia: To protect press freedom, we need more public outrage, and an overhaul of our laws – Peter Greste

9 06 2019

A few days ago, Waleed Aly asked a not-so-rhetorical question in The Sydney Morning Herald. He wondered how many Australians were worried about the fact that the Australian Federal Police had spent a good portion of last week raiding the offices and homes of journalists who’ve published stories clearly in the public interest. Read the rest of this entry »





Case Law: MN v OP, Money, money, money, must be funny, in an [anonymised beneficiary’s] world, protecting child beneficiaries in variation of trust cases – Paul Magrath

8 06 2019

A typical plot development in old novels is the sudden discovery of unexpected wealth, usually in the form of an inheritance, or the discovery of a long lost will or hidden relationship to a wealthy benefactor.  Read the rest of this entry »





Press, platforms and power: mapping out a stronger Australian media landscape – Tim Dwyer and Timothy Koskie,

7 06 2019

In his first address to the caucus after Labor’s shock election loss, Bill Shorten pointed to conservative interests “spending unprecedented hundreds of millions of dollars advertising, telling lies, spreading fear … Powerful vested interests campaigned against us through sections of the media itself, and they got what they wanted”. Read the rest of this entry »