CFA Consultation – Judicial Responses

28 04 2010

We have blogged, on a number of occasions, on the last Government’s proposed CFA Amendment Order which was finally dropped on 6 April 2010 after the General Election was called.   It seems likely that the measure will be revived, in some form, by the next government – as there seems to be broad agreement that a 100% success fee is not appropriate in libel cases and that present CFA regime requires some reform.  There is, of course, no agreement between claimant and defendant lawyers as to the appropriate level of success fees and in relation to other proposed reforms. Read the rest of this entry »

Case law,: Dee v Telegraph Media Group, Summary judgment for defendant

28 04 2010

deeIn February we did a post about the argument in the case of Dee v Telegraph Media Group, in which the defendant newspaper was making a bold application for summary judgment.  Judgment in the case was given today, 28 April  ([2010] EWHC 924 (QB) by Mrs Justice Sharp.  Read the rest of this entry »

Revisited: Opinion: “Privacy – the way ahead? Part 1 – The New Law of Privacy”

28 04 2010

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 23 February 2010 and is the first part of a three part post in which Hugh Tomlinson QC considers the future of the law of privacy.  In this part he looks at the new law as it has been developed over the past decade.


The “new law of privacy” has been developed by the English Courts over the past decade. It is a common law development based on case law going back to the mid nineteenth century.  But the pace of development has recently accelerated. The decisive factor has been the Human Rights Act 1998. In this area the Act has had “horizontal effect” – it operates in cases between two private parties.  The action for breach of confidence has been transformed – almost beyond recognition. Read the rest of this entry »